INDIAN HOTELS COMPANY LIMITED Vs. D T PANDEY

JUDGEMENT

(1.) THIS petitions is directed against order dated 11th April, 1989 passed by Shri. M. K. Bhope, Presiding Officer, First Labour Court, in Reference (IDA) No. 1100 of 1985 made under sections 10 (1) and 12 (5) of Industrial Disputes Act, 1947 holding that the said reference was not barred by section 59 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, hereinafter referred to as " the 1971 Act. " The Labour Court passed the same order in group of seven references heard together for the purpose of consideration of preliminary contention raised on behalf of the employer referred to hereinafter. The only question which arises for my consideration in this writ petition as to whether the said reference was barred under section 59 of the 1971 Act. Section 59 of the 1971 Act reads as under :-

(2.) THE facts and circumstances leading to the filing of this petition are as under : -

(3.) THE petitioner is company carrying on hoteliering business having its registered office at Apollo Bunder, Bombay. On 29th April, 1983, several workmen of the petitioner are supposed to have indulged in a rampage at the petitioners hotel premises and caused serious damage to the property and reputation of the petitioner-company. The petitioner employer charge-sheeted the concerned employees and ultimately dismissed them by its order dated 29th April, 1985.