AHMEDABAD NEW COTTON MILLS LTD v. BHARATKUMAR C SONI

CORAM : HON'BLE MR.JUSTICE H.K.RATHOD Date of decision: 12/08/2004 ORAL JUDGEMENT (cid:9)Heard learned advocate Ms. Amee Yagnik for the petitioner and Mr. M.K. Patel for the respondents. In this petition, interim order passed by the Labour Court, Ahmedabad in T. Application No. 94 of 1990 dated 26th March, 1991 is challenged by the petitioner. Respondent workman had filed application under section 78/79 of the Bombay Industrial Relations Act, 1946. Present petitioner submitted an application Exh. 6 to decide the preliminary point on 17th August, 1990 that the application submitted by the respondent is beyond time limit of six months, meaning thereby, that the application is not filed within six months from the date of submission of the approach letter to the employer. The labour court rejected the said application Exh. 6 on 26th March, 1991. The labour court come to the conclusion that the issue raised by the petitioner would require appreciation of evidence and in absence of evidence, such an issue cannot be decided. The labour court, therefore, rejected the application of the petitioner and the said interim order is under challenge in this petition. (cid:9)Since the order under challenge is interim in nature, this petition is not entertained and is disposed of on that ground alone. Rule is discharged. Interim relief, if any, shall stand vacated. There shall be no order as to costs. However, it is clarified that whatever ultimate out come of the application no. 94 of 1990 will govern the rights of the parties. (cid:9) (cid:9)(H.K. Rathod,J.) Vyas (cid:9) (cid:9)