SPENTEX INDUSTRIES LTD Vs. MEMBER INDUSTRIAL COURT

JUDGEMENT

(1.) Rule with the consent of the parties made returnable forthwith and heard.

(2.) The above petition filed under Articles 226 and 227 of the Constitution of India takes exception to the order dated 08/11/2010 passed by the learned Industrial Court, Nagpur in Revision ULP No.173/2009, by which order the Revision Application filed by the petitioner came to be rejected and consequently the order dated 03/12/2009 passed by the learned 2 nd Labour Court, Nagpur came to be confirmed.

(3.) Shorn of unnecessary details, a few facts can be stated thus. The respondent No.3 herein has filed Complaint ULP No.11/2009 alleging unfair labour practice against the petitioner under Item 1 (a), (b), (c), (d), (f) and (g) of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practice Act, 1971 (hereinafter referred to as to the "said Act"e). The complaint was filed at the intermediate stage when the Enquiry Officer, who had conducted the enquiry against the respondent No.3 complainant, had submitted his report to the petitioner Company. The complainant had sought interim reliefs qua the further action being taken pursuant to the said report. The said Complaint ULP No.11/2009 was filed by the respondent No.3 on the apprehended dismissal based on the Enquiry Report. In the said complaint, the respondent No.3 filed an application for interim relief under Section 30 (2) of the said Act. In the said application an order of status quo came to be passed on 11/02/2009 and thereafter by order dated 09/03/2009, the application for interim relief came to be rejected, as the same was founded on an apprehension.