Rajendra Balwant Shirwadkar v. M/S. Jaslok Hospital And Research Centre

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2428 OF 2004 Shri Rajendra Balwant Shirwadkar ....

Petitioner

Versus

M/s Jaslok Hospital & Research Centre ....

Respondent .....

Ms. Rupali L. Dhivar for the Petitioner.

Mr. Bharat Goyal a/w Ms. Kripa Jethwa I/b Mr. Manish Upadhye for the Respondent.

....

CORAM : S.C.GUPTE, J.

DATE : 19 JULY 2018 P. C. :

.

Heard learned Counsel for the parties.

This petition challenges an award passed by the Labour Court at Mumbai in a reference made to it under Section 10 of the Industrial Disputes Act. The reference was rejected by the Labour Court only on the ground of bar of proceedings under the Industrial Court Act, on account of institution of a complaint of unfair labour practice, provided under Section 59 of MRTU & PULP Act.

The subject matter of the controversy in the reference was termination of the Petitioner's services, which, according to the Petitioner,

2/3 was illegal and in colourable exercise of the power of the employer and also in breach of provisions of Section 25F of the Industrial Disputes Act. The reference was made sometime in the year 2000. Before that, a complaint of unfair labour practice in respect of the then proposed termination of the Petitioner was instituted before the Labour Court at Mumbai, alleging unfair labour practice under Item 9 of Schedule IV of MRTU & PULP Act. The reference was filed after termination was actually effected. After the order of termination and filing of the reference, the complaint was withdrawn by the Petitioner, by a withdrawal simplicitor in the light of the pending reference. Under the law declared by the Full Bench of our Court in the case of C.S. Dixit Vs. Bajaj Tempo Ltd1, such withdrawal does not attract the bar of Section 59.

Mere filing of a complaint under MRTU & PULP Act without anything done in the matter is not covered under Section 59. That is the case here. The complaint was not prosecuted, but withdrawn simplicitor. The impugned award of the Labour Court, in the premises, cannot hold good. Rule is accordingly made absolute by quashing and setting aside the impugned order dated 29 October 2003 and remanding Reference (IDA) No.651 of 1999 to the the Labour Court at Mumbai for a fresh hearing on merits in accordance with law. Considering the fact that this is an old matter, where we are dealing with a termination which occurred as far back as in 1998, the reference deserves to be expedited. The parties shall, accordingly, appear before the Labour Court at Mumbai on 27 July 2018 at 11.00 a.m.

3/3 dispose of the reference as expeditiously as possible, and preferably within a period of six months from today.

(S.C. GUPTE, J.) Rajesh Vasant by Rajesh Vasant Date: 2018.07.24 18:06:01 +0530