KIRLOSKAR BROTHERS LTD., HERMETIC COMPRESSION DIVISION THROUGH ITS FACTORY MANAGER Vs. CHHABURAO ANANDRAO SAVVASHE

JUDGEMENT

(1.) THIS is a revision petition preferred by original Respondent against the order passed by learned Labour Judge, Satara in complaint (ULP) No. 17/88, dated 24th April, 1996, whereby original Complainant's complaint has been allowed and it is declared that the Respondent engaged in unfair labour practice and Respondent is directed to re -employ the Complainant as fresh Welder or in a suitable equivalent post. Original Complainant's case briefly stated is as follows: - -

(2.) THE original Respondent's case briefly stated is as under: -

(3.) BEING aggrieved and dissatisfied with the impugned order of labour Court, the original Respondent has preferred present petition contending that the present Respondent was in employment of the petitioner from 26th June 1970 but he was dismissed from service for misconduct. Hence, he filed complaint (ULP) No. 3/80, which was decided on 20th August 1980. It was held that the dismissal of the present Opponent be treated be as retrenchment and present petitioner was directed to pay retrenchment compensation. Accordingly, compensation was paid. The Opponent preferred Revision No. 81/87 before the Industrial Court, Kolhapur but it was summarily dismissed. The petitioner has preferred present revision against the order in complaint (ULP) No. 17/88 date 24th April 1996. It is contended that there was in -ordinate delay in filing the complaint. But this fact was not considered by the trial Court. That the Judgement and order of the trial Court is illegal, unjust and improper. There is error apparent on the face of the record. The order is passed on incorrect appreciation of case -law. Under these circumstances, it is prayed that the revision petitioner may be allowed and the impugned order may be set -aside.