Advocates:
['SHRI S M NAIK', 'MISS N D BUCH', '', 'FOR R N & ARE', 'FORMAL PARITES']

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISIDICTION

WRIT PETITION NO.5057 OF 1996

The Morarjee Gokuldas Spg. ]

& Wvg. Co.Ltd. ]

Unit No.2, Ganpatrao Kadam Marg]

Lower Parel, Mumbai-400013 ]..Petitioner

Vs.

1. Dudhnath Rajnarayan ]

Yadav, Schoolwali Chawl, ]

Room No.28, Globe Mill ]

Passage Road, Mumbai ]

400013 ]

]

2. The Presiding Officer ]

9th Labour Court, Mumbai ]

having his office at ]

Arun Chambers, 6th floor ]

Tardeo, Mumbai-400034 ]

]

3. Shri.G.R.Bawiskar ]

Member Industrial Court ]

Maharashtra at Mumbai ]

having his office at ]

Arun Chambers, 7th floor ]

Tardeo, Mumbai-400034 ]..Respondents

....

Mr.S.M.Naik with Mr.Sailesh More for Petitioners

Ms.M.D.Buch for Respondent no.1.

....

CORAM : B.H.MARLAPALLE,J.

CORAM : B.H.MARLAPALLE,J.

CORAM : B.H.MARLAPALLE,J.

DATE : FEBRUARY 28,2005

DATE : FEBRUARY 28,2005

DATE : FEBRUARY 28,2005

ORAL JUDGMENT:

ORAL JUDGMENT:

ORAL JUDGMENT:

1. This petition arises from the judgment and order

of the Labour Court in Application (BIR) 1032 of 1984

and subsequently confirmed by the Industrial Court in

Appeal (IC) No. 135 of 1993 on 15.6.1996.

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2. The respondent-employee had addressed to the

company a notice of approach on 7.8.1984 and/or

31.8.1984 and prayed for reinstatement with full

backwages. The same notice was replied by the

petitioner-Management vide letter dated 26.11.1984

informing him that he was dismissed from service vide

order dated 27.9.1982. The employee, therefore,

approached the Labour Court for the relief of

reinstatement with full backwages and continuity of

service with effect from 7.8.1984. The said

application was opposed by the petitioner-Management

by filing its written statement at Exh.-C-2. It was

contended that the application was not tenable as the

approach letter was sent beyond limitation, with

reference to the order of dismissal dated 27.9.1982.

It was further contended that the approach notice

dated 7.8.1984 and/or 31.8.1984 was hopelessly time

barred and therefore, the application was required to

be dismissed on that ground alone. On merits it was

contended that all the workmen of the Mill had gone

on strike from 18.1.1982 and the same was declared to

be illegal by the Labour Court vide its order dated

11.2.1982. The said order was published in the local

newspapers informing all the employees that the

strike was illegal and therefore, they were