Case Note & Summary
The petitioner, The Morarjee Gokuldas Spg. & Wvg. Co. Ltd., challenged the judgment and order of the Labour Court in Application (BIR) 1032 of 1984, confirmed by the Industrial Court in Appeal (IC) No. 135 of 1993 on 15.6.1996. The respondent-employee, Dudhnath Rajnarayan Yadav, had sent a notice of approach on 7.8.1984 and/or 31.8.1984 seeking reinstatement with full backwages. The employer replied on 26.11.1984 informing him that he was dismissed on 27.9.1982. The employee then approached the Labour Court for reinstatement with full backwages and continuity of service from 7.8.1984. The employer opposed the application on the ground of limitation, contending that the approach notice was sent beyond the prescribed period from the date of dismissal. On merits, the employer argued that all workmen had gone on an illegal strike from 18.1.1982, declared illegal by the Labour Court on 11.2.1982, and the employee failed to report for duty despite public notice. The Labour Court held that the approach notice was within limitation as the employee gained knowledge of the dismissal only on 26.11.1984, and that the dismissal was not justified. The Industrial Court confirmed the order. The High Court dismissed the petition, holding that the findings of fact were not perverse and that the approach notice was within limitation under Section 79 of the Bombay Industrial Relations Act, 1946.
Headnote
A) Industrial Law - Limitation - Approach Notice - Section 79, Bombay Industrial Relations Act, 1946 - The employee sent an approach notice on 7.8.1984 and 31.8.1984 challenging his dismissal dated 27.9.1982. The employer contended the notice was time-barred. The Labour Court and Industrial Court held that the limitation period runs from the date of knowledge of the dismissal, and the employee gained knowledge only upon receipt of the employer's letter dated 26.11.1984. The High Court upheld this view, holding that the approach notice was within limitation. (Paras 2-5) B) Industrial Law - Illegal Strike - Dismissal - Bombay Industrial Relations Act, 1946 - The employee was dismissed for participating in an illegal strike. The Labour Court found that the strike was illegal but the dismissal was not justified as the employee was not given an opportunity to show cause. The Industrial Court confirmed the reinstatement with full backwages. The High Court dismissed the petition, holding that the findings of fact were not perverse. (Paras 2-6)
Issue of Consideration
Whether the approach notice filed by the employee was within limitation under Section 79 of the Bombay Industrial Relations Act, 1946, and whether the dismissal was justified.
Final Decision
The High Court dismissed the writ petition, upholding the orders of the Labour Court and Industrial Court directing reinstatement with full backwages.
Law Points
- Limitation for approach notice under Bombay Industrial Relations Act
- 1946
- Section 79
- Computation of limitation from date of knowledge of dismissal
- Reinstatement with backwages for illegal termination
