Case Note & Summary
The petitioner, Shri Vasant Vishwanath Bordekar, was a workman employed by The Standard Industries Ltd. since 1969. In October 1981, a strike commenced at the respondent mill, and the petitioner claimed he did not participate but was not allowed to resume work even after the situation normalized. He alleged that his colleagues were reinstated but he was not, and no charge-sheet or termination letter was issued. After repeated oral requests failed, he issued an approach letter under Section 42(4) read with Rule 53 of the Bombay Industrial Relations Act, 1946 on 2.5.1988, demanding reinstatement with continuity and back wages from 18.1.1988. The mill did not respond. The petitioner then filed an application under Section 78 read with Section 79 of the BIR Act before the Labour Court. The respondent mill contested, arguing that the workman had participated in the strike and that the application was not maintainable due to lack of a proper approach letter. The Labour Court held the application not maintainable for want of a proper approach letter, and the Appellate Court confirmed. The High Court examined the requirement of Section 42(4) and Rule 53, noting that the approach letter must be issued before filing the application. The Court found that the petitioner had issued the approach letter on 2.5.1988 and filed the application on 18.7.1988, which was after the letter. The Court held that the workman need not wait for the employer's reply; it is sufficient that the approach letter was issued before the application. The Court set aside the orders of the Labour Court and Appellate Court and remanded the matter for fresh consideration on merits.
Headnote
A) Industrial Law - Maintainability of Application - Section 78 read with Section 79 and Section 42(4) of Bombay Industrial Relations Act, 1946 - Approach Letter - The workman filed an application under Section 78 claiming reinstatement and back wages. The Labour Court and Appellate Court held the application not maintainable for want of a proper approach letter under Section 42(4). The High Court upheld that the approach letter is a condition precedent and must be issued before filing the application. However, the Court held that the workman need not wait for the employer's reply; filing the application after issuing the approach letter is sufficient. (Paras 1-6)
Issue of Consideration
Whether the application under Section 78 of the Bombay Industrial Relations Act, 1946 is maintainable without a proper approach letter under Section 42(4) of the Act.
Final Decision
The High Court allowed the writ petition, set aside the orders of the Labour Court and the Appellate Court, and remanded the matter to the Labour Court for fresh consideration on merits in accordance with law.
Law Points
- Maintainability of application under Section 78 of BIR Act depends on prior issuance of valid approach letter under Section 42(4)
- Approach letter must be issued before filing application
- Not necessary to wait for employer's reply before filing application
