NATHANLAL Vs. STATE INDUSTRIAL COURT

JUDGEMENT

(1.) THIS is a Letters Patent appeal directed against the order of Bhatt, J. , dated 8 October 1957, by which the appellant's petition under Articles 226 and 227 of the Constitution was dismissed.

(2.) THE facts of the case are these. The petitioner was employed as a mechanic in Rajnandgaon Rice and Oil Mills on a monthly salary of Rs. 125. He was discharged from service by the employer on 14 March 1955. He made an application under Section 16 (1) of the Industrial Disputes Settlement Act, 1947 (which will hereafter be referred to as the Act), to Sri L. S. Titus, Assistant Labour Commissioner, Nagpur, exercising the powers of the Labour Commissioner, who, by his order, dated 13 September 1955 passed under Section 16 (2) of the Act, 'directed that the petitioner be reinstated within one week of the, order.

(3.) ON 19 September 1955, the petitioner's counsel wrote to the employer asking where and when the petitioner should resume his duties. The employer's counsel Sri K. M. Joshi, in his reply, dated 29 September. 1955 said that he was willing to reconsider the petitioner's case and to reappoint him on his old salary and wanted acceptance of the offer at the earliest. Soon afterwards, on 26 September 1955 the employer filed a revision in the State industrial court challenging the order of reinstatement and asking for its suspension. Sri Joshi appeared in that Court on 4 October 1955 and said that he was awaiting the petitioner's response to the employer' offer of reinstatement. The revision was adjourned from time to time till it was ultimately dismissed as withdrawn on 17 October 1955.