CIMCO BIRLA LTD. Vs. ROWENA LEWIS

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.10856 OF 2010

CIMCO BIRLA LTD. ………APPELLANT
Vs.
ROWENA LEWIS ………RESPONDENT

The appellant-employer has questioned the correctness of the impugned judgment and order dated 29.1.2010 passed by the Division Bench of the High Court in Letters Patent Appeal No.28316 of 2009 in affirming the judgment and order dated 15.6.2009 passed by the learned single Judge in Writ Petition (C) No.3135 of 2009 whereby the learned single Judge dismissed the Writ Petition. The writ petition was filed by the appellant-employer herein against the order dated 16.4.2007 passed by the Industrial Court, Mumbai in complaint (ULP) No.588 of 1996 filed by the respondent-workman.

The brief facts of the case in nutshell are stated as under  :-

The respondent-workman filed the complaint (ULP) No. 339 of 1987 before the Labour Court, Mumbai under the provisions of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971(“the Act” in short) questioning the legality of the order of his termination from service and alleging that it amounts to an unfair labour practice by the appellant and prayed for setting aside the same and passing an award of reinstatement and continuity of service with full back wages. The Labour Court vide its award dated 25.3.1996 found the appellant guilty of unfair labour practice under Items 1(a), (b), (d) and(f) of Schedule IV of the Act, and allowed the said complaint directing the appellant to reinstate the respondent with full back wages and continuity of service. Against the said award, the appellant filed Revision Application No. 72 of 1996 before the Industrial Court which was rejected vide order dated 8.10.1996 Being aggrieved of the said award, the appellant filed Writ Petition (C) No. 6064 of 1996 before the High Court and the same was dismissed by the High Court on 2.4.2004 for default….read more