AJABRAO SAMBHAJI BHAGAT Vs. Y A KHATKE CHAIRMAN PANDT STAFF CO-OP SOCIETY NAGPUR

JUDGEMENT

(1.) On 24th March, 1986, I had passed the following order :- "Heard Mr. Bhagat, petitioner in person. Mr. S. V. Natu, Advocate, for respondent No. 1, Mrs. Bodade, Advocate, for respondent No. 2. None for respondent No. 3 and respondent No. 4. The petition is dismissed for reasons to follow. Rule discharged. No order as to costs." The following are the reasons.

(2.) The petitioner, in his capacity as Working President of the All India P & T Employees Federation, which is a registered trade union, had preferred a reference under S. 25(2) of the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred as 'the Act'), before the Labour Court, Nagpur. By the said reference, the petitioner sought declaration that the lock-out of the P & T Staff Co-operative Society Canteen, Nagpur G.P.O. by the respondents is illegal. Along with the said reference, the petitioner had also filed an application under A. 30(2) of the Act seeking interim relief against the respondents during the pendency of the said reference proceedings. The learned Judge of the Third Labour Court, Nagpur, passed an order below the application for interim relief, whereby holding that the impugned lock-out by the respondents is without any notice under S. 24(2)(a) of the Act and, hence, it is an illegal lock-out. He further ordered that the application is allowed declaring that the lock-out in question is illegal. By allowing the application for interim relief, the Labour Court thereby passed an interim order directing the respondents to lift the lock-out of the canteen with penalty at ten times and directing them to restore the functioning of the canteen and also to effect payment of back wages and compensation at Rs. 600/- to each employee till the decision of the reference.

(3.) The respondents 1 to 3, office bearers of the P & T Staff Co-operative Society Canteen, therefore preferred a revision before the Industrial Court, Nagpur Bench, Nagpur, and, upon hearing the disputing parties, the learned Member of the Industrial Court, by his order dated 29 January, 1986 held that the Labour Court have not granted the interim relief under S. 30(2) of the Act during the pendency of the reference under S. 25(2) of that Act. The Industrial Court directed the Labour Court to proceed with the reference application on merits and decide the same according to law. It is this Order of the Industrial Court which is now challenged on behalf of the employees trade union by the President, the original applicant.