1 mca1161.2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR

MISC. CIVIL APPLICATION (REVIEW) 1161 OF 2018

in

WRIT PETITION 5185 OF 2015

Bilt Graphic Paper Products Ltd.,

having its Units at Ashti,

Registeed Office at Ballarpur,

District Chandrapur,

Through Constituted Power of

Attorney Shri Dharmpal Dhiman,

CGM, Aged about 57 years,

Occ. Service, r/o. Bilt Residential

Colony, Village Ellure,

Tah. Chamorshi, Dist. Gadchiroli.

...... APPLICANT

...V E R S U S...

1.

Gadchiroli District Paper Mill

Kamgar Sangh, through its

President Mr. Rajnath Kushwah,

Aged about 57 yrs, Occ. Service,

r/o. Village Ellure,

Tah. Chamorshi, Dist. Gadchiroli.

2.

Anant Pradhan,

Secretary, Gadchiroli District Paper

Mill Kamgar Sangh, aged about 53 yrs,

Occ. Service,

r/o. Village Ellure, Tah. Chamorshi,

District Gadchiroli

3.

Bilt Ashti Paper Majdoor Sabha,

Ashti, District Gadchiroli,

through General Secretary,

B.C. Banerjee

… NON-APPLICANTS

2 mca1161.2018.odt

--------------------------------------------------------------------------------------------

Mr. R.E. Moharir, counsel for applicant.

Mr. D.G. Takwale, Mr. M.R. Pillai, counsel for non-applicants 1&2.

--------------------------------------------------------------------------------------------

CORA

M: ROHIT

B. DEO, J.

DATE : 27.01.2021

ORAL JUDGMENT:

Heard Mr. R.E. Moharir, the learned counsel for the

applicant and Mr. D.G. Takwale with Mr. M.R. Pillai, counsel for

non-applicants 1 and 2.

2.

The applicant is respondent in Writ Petition

5185/2015 which is decided vide judgment dated 24.8.2018.

3.

The review application refers to some inadvertent

errors purportedly on the counsel in filing submission and

annexures. However, I propose to restrict the consideration only

to the submission which is canvased.

4.

Mr. R.E. Moharir, the learned counsel would submit

that the Industrial Court invoked Item 1, 2(b) and 4 of

Schedule-III of the Maharashtra Recognition of Trade Unions and

Prevention of Unfair Labour Practices Act, 1971( “Act” for short).

Mr. R.E. Moharir would submit that while this Court relied on the

3 mca1161.2018.odt

Division Bench judgment in Maharashtra General Kamgar Union

vs. V. Balkrishna Pen Pvt. Ltd. & Ors, 1987(3) Bom. C.R. 425 to

hold that in the absence of the 48 hours opportunity for

withdrawal of the strike, the learned Industrial Court could not

have declared the strike illegal, the declaration made by the

Industrial Court that the Union committed unfair labour practice

under Item 1, 2(b) and 4 of Schedule-III of the Act, ought to have

been confirmed.

5.

The submission (supra) is considered in the judgment

of which review is sought, thus:-

“11. The learned Member of the Industrial Court has

invoked Items 1, 2(b) and 4 of Schedule-III of the Act.

Item 1, as observed supra, would be attracted only if

the strike is deemed to be illegal under the Act. Items

2(b) and 4 appear to have been invoked only on the

premise that the strike is illegal. The judgment and

order impugned is entirely predicated on the finding

that taking recourse to strike within forty-eight hours

of issuing the notice falls foul of Section24 of the Act

and the strike is, therefore, illegal. In a sense,

invoking of Items 2(b) and 4 of Schedule-II of the Act

was an exercise consequent to the declaration that

the strike is illegal. The judgment and order

impugned does not reveal that the learned Member

of the Industrial Court considered the applicability of

Items 2(b) and 4 independently of Item 1 of

Schedule-III of the Act. In the result, the judgment

and order impugned is unsustainable and is liable to

be set aside, and is accordingly set aside”.

6.

I do not see any error apparent on the face of the

4 mca1161.2018.odt

record. If according to the applicant, this Court has erred on

merits, the remedy is not to seek the review, and the remedy lies

els