(A.M. Khanwilkar and Sanjiv Khanna, JJ.)
Chairman, Akola Janta Commercial Cooperative Bank Ltd. and Others _______________________________________________ Appellant(s);
v.
Vilas Fakiraji Sarkate and Others _________________ Respondent(s).
Civil Appeal No. 4469 of 2021 (Arising from SLP (C) No. 32284/2016), decided on July 28, 2021
The Order of the court was delivered by
Order
1. Leave granted.
2. Heard learned counsel for the parties.
3. This appeal takes exception to the judgment and order dated 11.07.2016 passed by the High Court of Judicature at Bombay, Nagpur Bench at Nagpur in Writ Petition No. 7088 of 2014, whereby the writ petition filed by the appellant(s), Akola Janta Commercial Cooperative Bank Ltd., challenging the order passed by Additional Labour Commissioner on 17.05.2014 making a reference regarding the dispute between the appellant(s) and respondent no. 1 to the Labour Court came to be dismissed.
4. The High Court merely focused on one aspect that no limitation stands prescribed for making a reference to the Labour Court or the Central Government Industrial Tribunal. What ought to have been taken into account by the High Court being the foundational fact, was that respondent no. 1 after termination on 08.01.2000, which is a simplicitor termination during the probation period, filed application before the Tribunal for similar relief albeit under the State enactment, i.e., The Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (for short, ‘MRTP Act’). This application was filed on 23.09.2005. That application was rejected by the Tribunal on 24.05.2013 on the ground that it was barred by limitation and delay was abnormal and not explained. Further the respondent had not came before the Court with clean hands and the grounds raised were not correct and unsubstantiated. That order was allowed to attain finality.
5. Respondent No. 1 did not assail that order, instead chose to file a fresh application under the central enactment, i.e., Industrial Disputes Act, 1947 for similar relief and for making a reference in that regard. That was filed on 25.06.2013, consequent to rejection of the application/proceedings under the MRTP Act.
6. Respondent No. 1 cannot be permitted to take recourse to successive remedies for the same subject matter and, more so, having allowed the order passed by the Tribunal dated 24.05.2013 to become final. Accordingly, the order passed by Additional Labour Commissioner on 17.05.2014 is untenable and deserves to be set aside. We order accordingly.
7. Resultantly, we allow this appeal. The impugned judgment and order is set aside and instead the writ petition filed by the appellant is allowed.
8. Pending application(s), if any, stand disposed of.
SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 32284/2016
(Arising out of impugned final judgment and order dated 11-07-2016 in WP No. 7088/2014 passed by the High Court Of Judicature At Bombay At Nagpur)
Chairman, Akola Janta Commercial Cooperative Bank Ltd. and Ors.….Petitioner(s)
v.
Vilas Fakiraji Sarkate and Ors.….Respondent(s)
Date : 28-07-2021 This petition was called on for hearing today.
(Before A.M. Khanwilkar and Sanjiv Khanna, JJ.)
For Petitioner(s) Mr. C. George Thomas, Adv.
Mr. Gaurav Agrawal, AOR
For Respondent(s) Ms. Nidhi, AOR
Mr. Sachin Patil, AOR
Mr. Rahul Chitnis, Adv.
Mr. Aaditya A. Pande, Adv.
Mr. Geo Joseph, Adv.
UPON hearing the counsel the Court made the following
ORDER
9. Leave granted.
10. The appeal is allowed in terms of the signed order.
11. Pending applications, if any, shall stand disposed of.
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