M/S. VICCO LABORATORIES LTD. VS. MAHARASHTRA GENERAL KAMGAR UNION Vs. MAHARASHTRA GENERAL KAMGAR UNION AND SHRI P.J. SHAH

JUDGEMENT

(1.) THIS is a Revision Application filed by the Applicant company by getting aggrieved by an order dated 12th March 1996 passed by the IIIrd Labour Court. Thane in Complaint (ULP) No. 225 of 1990. By getting aggrieved by the said order, the Applicant have filed the present revision and brief facts of the complaint which have been narrated as below: - -

(2.) IT is also submitted that though there was an application for condonation of delay filed by the Complainant and same has been opposed by the Respondents, no order of whatsoever nature has been passed on this Application. And the complaint was straight way entertained by the lower Court. So the original complaint which have been decided by the learned labour Court have been without disposing off the Application for condonation of delay and the said Act of the Lower Court itself is invalid.

(3.) IN the meantime, the Complainant Union have filed an Application behind the back of the Applicant i.e. original Respondents and the copy of the said application was not served upon the Applicant neither on the Advocate who is appearing on behalf of the Respondents though he was present in the Court on the same day when the said application was filed. And the learned Labour Court choose to deal with the said Application and the impugned order has taken into account certain submissions made for the first time by the said application. Hence, it is submitted that even after filing the application the Opponent No. 1 i.e. original Complainant or his Advocate has neither informed nor served a copy thereof to the Applicants or their Advocate. So it is a case of the revision applicants that the impugned order 12th March, 1996 is ex -fade bad in law and invalid on and amongst other grounds as below: - -