M/S. U.P. COLD STORAGE AND WAREHOUSE AND SHRI D.K. SHARMA, MANAGER, COLD STORAGE AND WAREHOUSE Vs. SHRI B.P. KADAM, INSPECTOR UNDER MAHARASHTRA MATHADI, HAMAL AND OTHER MANUAL WORKERS (REGULATION OF EMPLOYMENT AND WELFARE) ACT, 1969 AND JUDGE, FIRST LABOUR COURT

JUDGEMENT

(1.) THE Accused Nos. 1 and 3 in Complaint (ULP) No. 3 of 199I have preferred this revision application against the order passed below Exh. C -7 and Exh. C -8 on 6th May, 1998 rejecting the said applications. In short, the facts leading to this revision application can be stated as follows: - -

(2.) THE learned Counsel appearing for the Accused Nos. 1 and 3 filed application Exh. C -7 on 8th November, 1996 and prayed that Accused persons be discharged/acquitted since the trial is pending against them for long period and they are entitled to the benefits of law laid down AIR 1996 Supreme Court 1619. The said application remained undecided. The Accused Nos. 1 and 3 thereafter filed application Exh. C -8 dated 12th February, 1997 stating that the Labour Court by its order dated 7th January, 1997 has held that the ratio of the above referred decision is applicable to the cases pending before the Labour Court arising out of contravention of the Mathadi Act. Since the trial is pending since 1991, the Accused persons prayed for dismissal of the complaint and their acquittal.

(3.) AFTER considering the oral arguments and the written submissions, the learned Labour Judge passed impugned order rejected the applications Exh. C -7 and Exh. C -8 and further directed that the Accused No. 3 who appeared before the Labour Court for recording of the plea on the next date Being aggrieved by this order, the present revision application is preferred.