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1989 Supreme(Kar) 145

M.P.CHANDRAKANTARAJ, M.RAMAKRISHNA RAO
HIND PLASTIC INDUSTRIES – Appellant
Versus
LABOUR COURT, BANGALORE – Respondent


Advocates:
B.V.PUTTE GOWDA, H.S.Jois, S.V.NARANIMHAN, SHANTHAKUMAR V.MAHALE

CHANDRAKANTARAJ, J, J.

( 1 ) WE had heard Mr. H. Subramanya Jois on the last occasion at length on the questions raised in this writ appeal. The appellant is M/s Hind Plastic Industries by its proprietor who was also the writ petitioner in w. P. No. 12889 of 1985. In that petition it had challenged the award passed by the labour court, Bangalore, in Ref. No. 22 of 1979. When the petition was admitted, as we notice from the order under appeal, there was a direction by this Court that the employer must comply with the requirements of Section 17b of the Industrial Disputes Act subject to which the stay was granted.

( 2 ) I. A. I was filed by the learned counsel for the 2nd respondent for vacating stay. An order was passed vacating the stay. That order was sought to be recalled by I. A. III. I. A. III was dismissed inter-alia on the ground that there had been no compliance of the requirement of Section 17b of the Industrial disputes Act as directed by this court. Question of recalling the order dated 14. 12. 1987 did not therefore arise.

( 3 ) IT is too late in the day to contend that the burden is on the workman or the dismissed employee who has obtained the award in his favour to prov



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