Bombay High Court
Sadanand D. Phansekar And Ors. vs National Textile Corporation (South ... on 11 December, 1997
Bench: M.B. Shah, R.J. Kochar
ORDER
1. Heard the learned Counsel for the parties.
2. In our view there is no substance in this Appeal. The learned single Judge has rejected the Application under Section 33-C(2) of the Industrial Disputes Act on the ground that the status of the reliefs claimed by the Applicant involves disputed and complicated questions of law and facts which are required to be decided. The learned Judge also observed that the facts of the case clearly indicate that certain Departments of the National Textile Corporation could not provide work up to 1988. In the context of the controversy regarding the validity of the closure, resort to adjudication would have clearly indicated as to for what period the Departments are closed; whether the closure was temporary or permanent and whether the said closure was bona fide or not. The learned Judge further observed that all these controversies could not have been decided under Section 33-C(2). Prior to this finding, the Court arrived at the conclusion, on admitted facts, that the petitioners were working during the relevant period in Digvijay Textile Mills right from 1983.
3. In this view of the matter, this appeal is dismissed.