MAHALAXMI FIBRES AND INDUSTRIES LTD Vs. PRESIDING OFFICER

JUDGEMENT

(1.) HEARD the parties.

(2.) THIS is an application filed by Mahalaxmi Fibres and Industries Limited [The petitioner of Civil Writ Jurisdiction Case No. 3438 of 1997 (R) for review of the judgment delivered by this Court on 28.04.2003. Accordingly to Mr. K.N. Prasad, learned Senior Advocate, at paragraph -4 infra of the judgment, since it was admitted by both the parties that the respondent No. 2 (meaning thereby the workman) was not connected with reference case No. 16 of 1991 therefore the Award itself was bad because it did not give a finding as to whether that workman was the concerned workman in the pending dispute.

(3.) IT is evident also from Annexure -2 which was brought on record in the writ petition itself and which was the application under Sec.33(2)(b) filed by the Management that they themselves mentioned in the heading of that petition that the same arose out of reference case No. 16 of 1991 as it was mentioned as "Arising out of reference, case No, 16 of 1991". That apart, the order passed in the aforementioned miscellaneous case No. 2 of 1992 which was the subject matter of challenge in the writ petition, the fact that the workman was an active member and that a number of cases were pending in different Courts was also duly noticed by the Presiding Officer, Labour Court in as much as he recorded the submission of the opposite party at paragraph -4 which reads as follows : - -