MADHYA PRADESH DUGDH MAHASANGH MARYADIT Vs. GANGADHAR SHARMA

JUDGEMENT

(1.) RESPONDENT No. 1 was an employee of the M. P. Dairy Development Corporation, whose services were terminated. Respondent No. 1 challenged the said order before the Labour Court. After hearing the parties, the Labour Court granted reinstatement with back wages. In between the assets and liabilities of the Dairy Development Corporation were transferred to the petitioner. Against the order passed by the Labour Court of reinstatement and back wages, the petitioner as a transferee/assignee filed an appeal under Section 65 of the M. P. Industrial Relations Act, 1960 (for short the Act' ). The Industrial Court dismissed the appeal as the petitioner was not a party to the case before the Labour Court. Aggrieved of the order of Industrial Court, the petitioner has filed this petition under Articles 226 and 227 of the Constitution of India.

(2.) AN appeal against an order of the Labour Court lies under Section 65 of the Act which reads thus :

(3.) FROM a bare reading of Section 77 (c) it is clear that the order of reinstatement with back wages passed in favour of respondent No. 1 and against the Dairy Development Corporation is binding on the petitioner, as transferee, who falls within the ambit of the person specified in clause (c) of Section 77. See the case of S. P. Nanavaty v. R. K. Mishra, 1969 MPLJ 907, 1970 JLJ 179. Hence, the petitioner being affected person was entitled to file an appeal under Section 65 of the Act to challenge the decision of the Labour Court, In view of Section 77 (c) the order of the Industrial Court cannot be sustained and has to be quashed, and is hereby quashed.