IN THE HIGH COURT OF BOMBAY
Kochar R.J., J.
Surendra Industries Ltd. .... Petitioner.
Versus
A.L. Alaspurkar others.... Respondents.
Writ Petition No. 1320 of 1991, decided on 14-8-2002.
Advocates appeared :
P.K. Rele with R.P. Rele Vinod Tayade i/b., Suresh S. Pakale, for petitioner.
Sanjay Sanghavi, for respondent No. 2.
2. The workman succeeded before the Labour Court on 31st December, 1981 to get the order of his termination passed by the original employer on 21st November, 1975 set aside and to get the order against them to reinstate him with full backwages and continuity of service. In spite of his herculean efforts, he has been as yet, even after the turn of the century, not able to taste the fruit of his successful Award. According to Shri P.K. Rele, the learned Senior Counsel, the petitioner is not liable to implement the Award against the original employer as the petitioner was not successor in interest of the said original employer and did not step in the shoes of the original employer. The original employer and its partners are liable to implement the Award, argues the learned Counsel. They are not contesting even from the stage of the Industrial Court and they are absent here also, purposely, says Shri Rele. According to the petitioner it had merely purchased "the used and old plant and machinery along with its shed and structure as is where is condition situated at Surendra Industries Compound 2nd Pokhram Road, Thane" for a sum of Rs. 8,34,300/- as reflected in the Bill No. 2505 dated 22nd January, 1981 of the original employer. It is their emphatic case that they had not stepped in the shoes of the original employer as transferee of the whole undertaking and they had never accepted any other liabilities, including those of the employees of the original employer. They have point blank and flatly denied any liability to implement the said Award. Shri Rele further submitted that the original employer had closed down its business at Thane and had shifted its activities at Tarapur and therefore the workman should enforce his Award against them and not against the petitioner. According to Shri Rele the Industrial Court had no jurisdiction to decide the complicated issue whether the petitioner could be held to be successor in interest and to be liable to implement the Award passed not against them but against the original employer under an executory and limited jurisdiction under Item 9 of Schedule IV of the Act. Shri Rele further submitted that except an interested version of the original employer that the petitioner was their successor in interest, there was no evidence to substantiate the said plea of the original employer t
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