( 1 ) IN an appeal filed under section 84 of the bombay Industrial Relations Act, 1946 the Industrial Court has set aside an order of reinstatement and of backwages that was passed by the Labour Court. The industrial Court has held that the approach notice that was preferred by the petitioner was barred by limitation and that it was not preferred within the period stipulated in section 42 (4) of the Act. The petitioner has challenged the judgment and order of the Industrial Court in these proceedings under Article 226 of the constitution.

( 2 ) THE petitioner joined the services of Tata Mills on 1st March, 1973 and was a permanent workman who was engaged as a boiler serviceman. The petitioner worked continuously until 18th January, 1982. On this date a general strike took place in the Cotton Textile Industry including in Tata Mills. The case of the workman was that all the textile mills were closed for a long period of time as a result of the textile strike. As soon as the tension had eased, workmen started reporting for work and the petitioner also reported for duty in front of the gates of the mill every day. However, according to the petitioner the mill in collusion with