Aveshkarni Ahmad Abdul Rahim vs The State Of Maharashtra Thr ...
2017 Latest Caselaw 1860 Bom

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                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 NAGPUR BENCH : NAGPUR

                                                       WRIT PETITION NO.1553/2016

Aveshkarni Ahmad Abdul Rahim, 
aged 56 Yrs., R/o Diwanpura Mangrulpir, 
Tq. Mangrulpir, Distt. Washim.                                                                                                                                  ..Petitioner.
                          ..Vs..
1.          The State of Maharashtra,
            through its Secretary in the 
            Department of Labour and Revenue, 
            Mantralaya, Mumbai - 32. 


2.          Divisional Controller, 
            MSRTC Akola Division, Akola
            S.T. Divisional Office, Kaulkhed
            Road, Akola. 

3.          Presiding Officer,
            Labour Court, Akola.                                                                                                                   ..Respondents.
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           Shri B.M. Khan, Advocate for the petitioner. 
           Shri Bhagwan M. Lonare, A.G.P. for respondent Nos.1 and 3.
           Shri V.G. Wankhede, Advocate for respondent No.2.
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                                                                 CORAM :  Z.A.HAQ, J.

                                                                 DATE  :     19.4.2017.

ORAL JUDGMENT

1. Heard Shri B.M. Khan, Advocate for the petitioner, Shri Bhagwan

M. Lonare, A.G.P. for respondent Nos.1 and 3 and Shri V.G. Wankhede,

Advocate for respondent No.2.

2. Rule. Rule made returnable forthwith.

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3. The reference referred on dispute raised by the petitioner was

disposed on 7th April, 2014 by the Labour Court, by the following order:

"Perused the order dt.21.3.2014 below Exh.1 Party No.2 absent since long. No evidence adduced. No application filed. It shows that party No.2 is not interested to proceed with the reference. Hence reference is disposed of for want of evidence in negative."

The petitioner / employee filed an application dated 29 th April, 2014

praying that the order passed on 7th April, 2014 be set aside and the reference

be restored. This application is rejected by the impugned order on the ground

that the application is filed by the complainant under Rule 26(2) of Industrial

Disputes (Bombay) Rules, 1957 and the prayer cannot be granted under the

above Rules.

The learned Advocate for the respondent No.2 / employer has not

disputed that the Labour Court has the jurisdiction to restore the reference

though not under the above referred Rule. It is well settled that if the Court

has the jurisdiction to deal with the matter or pass orders on a point, mere

wrong quoting of provisions does not disentitle the party from seeking relief.

Considering the facts of the case and the explanation given by the

petitioner / complainant, I find that the order passed on 7 th April, 2014 is

required to be set aside and the reference has to be restored.

Hence the following order:

(i) The impugned orders passed on 31st August, 2015 and 7th April,

2014 are set aside.

(ii) The Reference IDA No.23/2006 is restored.

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(iii)                The Labour Court shall decide the reference on merits according to

law. 

(iv)                 The   petitioner   and   the   respondent   No.2   shall   appear   before   the

Labour Court, Akola on 9th June, 2017 at 11 a.m. and abide by further orders /

instructions in the matter.

Rule made absolute in the above terms.

In the circumstances, the parties to bear their own costs.

JUDGE

Tambaskar.