- (1.) THE petitioner was working as a Conductor with the respondent, Maharashtra State Road transport Corporation, through its Divisional Controller for Akola Division, Akola, effective from December 7, 1965. He was dismissed from service with effect from April 8, 1982 on the allegations of certain misconduct. He had filed a departmental appeal which was pending. In the meanwhile, he filed a complaint in the nature of unfair labour practice under Item I of Schedule iv of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices act, 1971 (hereinafter referred to as the "mrtu and PULP Act") in the Labour Court at Akola. The respondent Corporation had not filed even written statement resisting the said complaint. When the unfair labour practice complaint was pending adjudication before the Labour Court, the petitioner was given to understand that his departmental appeal was being taken up for hearing and, therefore, he sought permission of the Labour Court to withdraw his complaint. Accordingly, his complaint was allowed to be withdrawn by the learned Labour Judge, However, the departmental appeal preferred by the petitioner came to be rejected and hence the petitioner moved the Conciliation Officer under the provisions of Industrial Disputes Act, as a result of which a reference (I. D. A.) No. 46/84 was made to the Labour Court at Akola for his reinstatement with back wages and continuity of service.
(2.) AT the hearing of the said reference, a preliminary objection was raised on behalf of the respondent that in view of the provisions of Section 59 of the MRTU and PULP Act, the reference was not maintainable. The learned Labour Judge upheld the preliminary objection raised by the respondent Corporation and rejected the reference of the petitioner by an Award dated January 22, 1986.
(3.) BEING aggrieved, the petitioner invoked the supervisory writ jurisdiction of this Court under article 227 of the Constitution by filing the present writ petition.;