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Judgment
V.H. Bhairavia, J.—Heard the learned counsel for the petitioner.
That the petitioner is seeking for enforcement of the order passed in Application (BIR) No. 697 of 1985 in favour of the petitioner, directing the Respondent-Company to reinstate him. The complaint of the petitioner came to be dismissed by the order of the Member, Industrial Court, Bombay dated 30.9.94 on the ground that the respondent-company is a continuous sick unit covered u/s 22 of Sick Industrial Companies Act (Special Provisions) 1985.
The submission of the learned counsel for the petitioner as regards the non-applicability of the provision of section 22 in the case of the petitioner-workmen is unsustainable. The learned Member of the Industrial Court has given finding of that effect and as required u/s 22(1) the petitioner-workmen has admittedly not obtained consent from the B.I.F.R.
I, therefore, do not see any substance in the submission of the learned counsel. Hence this petition is rejected.