BOMBAY KHADI & VILLAGE INDUSTRIES ASSOCIATION Vs. SHRI ROHIDAS PANDURANG MAYEKAR AND SHRI M.N. KULKARNI

JUDGEMENT

(1.) THIS is a revision application filed by the Applicant Bombay Khadi & Village Industries Association u/s. 44 of the MRTU & PULP Act, 1971 and challenged the order passed by the Fourth Labour Court, Mumbai, in Complaint (ULP) No. 270/93 dt. 7th September 1995. The brief facts relating to the dispute are as under:

(2.) IT is the contention of the Applicant that the learned Judge erred in placing the onus of proving the issue on the Applicant and has wrongly relied on the Judgement of Cadbury Fry India Limited as reported in, 1980 (41) F.I.R.P. 156. The Learned Judge erred in holding that no specific duty list is produced. There are no documents to show that there was breaks in his service, the testimony of witness No. 2 is not supported by documentary evidence. Further it is submitted by the Applicant that the learned Judge erred in holding that the testimony of witness No. 1 is not supporting the Applicant. Therefore after 8 days examined the witness No. 2 for filling up the Lacunas in testimony of witness No. 1. The learned Labour Judge erred in holding that the witness No. 2 has not stated anything to the minimum wages inspector that the Opponent was working as a salesman. Further the learned Judge erred in not appreciating the case laws cited by the Applicant. With these grounds it is submitted by the Applicant that the order of the learned judge is perverse and has been made in excess and without jurisdiction. Therefore, it is prayed by the revision Applicant that the impugned order dt. 7th September 1995 be quashed and set aside.

(3.) TO overcome the controversy between the parties, following points arises for my consideration: - -