Bhartiya Kamgar Sena Vs M/S. Eastern International Hotel Pvt. Ltd. and Anr.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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ORDINARY ORIGINAL CIVIL JURISDICTION

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WRIT PETITION NO.821 OF 2008

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Bhartiya Kamgar Sena.. Petitioner
Versus
M/s.Eastern International Hotel
Pvt.Ltd. and Anr... Respondents

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.. Respondents

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Mr.M.D.Nagle for petitioner
Mr.C.U.Singh, Senior Advocate with Mrs.Sarika
Deshpande i/b. Haresh Mehta & Co. for
respondents.

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CORAM :S.C.DHARMADHIKARI, J.
DATE:9th June 2008

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P.C.

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.The petitioner Union has challenged the

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interim order dated 19th March 2008 which has
been passed in Complaints (ULP) No.379 of 2007
and 79 of 2008. There is another complaint (ULP)
No.111 of 2008. However, the present petition
has been filed by the Union who is original

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complainant in Complaint ULP No.79 of 2008.

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2.The common order disposes of the
application below Exh.U-2 for interim relief. It
appears that the learned Judge took up the
applications for interim relief together and by a
common order has decided them. It is not
necessary to go into any wider issues inasmuch as
such consolidation and common hearing so also
common orders should not be a matter of course
and routine in such cases. However, on the own
showing of the learned Member, the complaints are
filed alleging unfair labour practices under
diverse items of the M.R.T.U. and PULP Act
invoking jurisdiction of the court under section
28 thereof, then, it was desirable that he should
have segregated the hearing.

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3.Be that as it may, today the Union is
aggrieved only by refusal of interim relief with
regard to wages after notice dated 9th February

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2008. The interim order itself directs payment
under Direction I. The legal dues have to be
computed on the basis that the workmen/employees
had been retrenched and the retrenchment
compensation was directed to be deposited in
cases of workers involved in complaints on or
before 19th April 2008. Needless to state that
this direction is without prejudice to the rights
and contentions of both parties at the hearing of
complaint. The matter was adjourned by me as
Mr.Singh was to take instructions about the
deposit of amount directed under the impugned
order. A copy of the application/purshis made on
7th June 2008 before the Industrial Court and the
order made thereon indicates that a sum of
Rs.2,43,12,413/- has been deposited.

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4.Mr.Nagle appearing for petitioner, on
taking instructions makes a statement that about
207 workmen are involved in the complaints. He
highlights several difficulties including school

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admissions for children, medical expenses,
repayment of housing loans etc. of each
employees and submits that due to the workmen not
being allowed to work at site and even their
wages after notice period not being released,
they are facing considerable hardships and it is
difficult for them to make both ends meet.
Therefore, direction No.II of the Industrial
Court may be modified and even those wages be
directed to be released/paid.

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5.Mr.Singh, learned Senior Counsel states
that now written statement is filed by the
respondent and they are ready and willing to
abide by the direction of industrial court of day
to day hearing of the main complaint and early
disposal thereof. He submits that today this
Court should not pass any further orders or
directions so also this Court should not modify
or substitute the interim orders as that would
involve rendering findings at a prima facie

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stage. These findings are likely to prejudice
the case of the respondents.

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6.More so, when there are other complaints
pending and that is how Mr.Singh proceeds to urge
that this Court should dispose of the petition by
directing early hearing of the main complaint.

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7.Mr.Nagle submits that the order has been
passed on 19th March 2008 and thereupon till date
no compliance was made with the same and it is
only today that the amount is said to have been
deposited. He, therefore, submits that this
Court should go into rival contentions and pass
appropriate orders.

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8.Upon reading of impugned order it is
apparent to me that there are three complaints
which are instituted by the employees and one is
by the Officers and Staff Association.

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9.The complaints are also not identical.
There are two unions and one Association which is
the complainant. Some of the respondents are
also not parties to all complaints. Therefore,
at the instance of only one of the complainant,
if the rival contentions are considered that is
likely to prejudice both sides. More so, when
now, I have ensured the deposit of the sum under
Direction No.I. With further directions that I
propose to issue, it is not necessary to
interfere with the impugned order at this stage.

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10.In my view, any expression of opinion
insofar as the contentions on merits of the
controversy are concerned, is likely to prejudice
both sides and some other parties as well.
Hence, I refrain from expressing any opinion on
merits at this prima facie stage.

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11.The complaints are ripe for hearing and
written statements have been filed. There are

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directions issued for day to day hearing by the
Industrial Court itself. Therefore, it is for
the Industrial Court to ensure compliance with
its own directions and it must so ensure. If an
outer limit is fixed for disposal of the
complaint and that is how the directions have
been issued at the interim stage, then, the
Industrial Court must in all seriousness dispose
of these complaints expeditiously and in any
event within the time frame stipulated by it. In
addition, since the amount is deposited and some
of the workmen are expressing their immediate
financial problems and difficulties, interest of
justice would be sub-served if the workmen
concerned are permitted to apply for withdrawal
of such amount as they are entitled to at this
stage and such application, if made, must be
considered on its own merits and in accordance
with law, after hearing the employer as well.

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12.Needless to state that the Industrial

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Court is at liberty to pass such further interim
orders and directions in the interest of justice
and merely because it has passed an earlier
interim order, which has not been interfered with
by this Court, does not mean that in changed
circumstances and considering the hardships, it
cannot issue appropriate further orders and
directions. All contentions in that behalf of
both sides are kept open and no opinion is
expressed thereon.

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13.Needless to further state that if the
wages after notice period which are also sought
for as an interim relief, an application can be
made by the Union, if the Industrial Court does
not proceed with the hearing of the complaints by
10th July 2008. Even such an application could
be made and if made should be decided
uninfluenced by all earlier orders and
observations and the fact of this Court disposing
of the instant petition. All contentions in that

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behalf also are kept open.

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14.This petition is disposed of with
specific clarifications that all pleas as far as
merits and maintainability are concerned in all
the complaints, are kept open and the Industrial
Court should dispose of the complaints strictly
on merits and in accordance with law. Petition
disposed of.

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(S.C.Dharmadhikari, J)

Bhartiya Kamgar Sena v. M/S. Eastern International Hotel Pvt. Ltd. and Anr.

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Bhartiya Kamgar Sena v. M/S. Eastern International Hotel Pvt. Ltd. and Anr.

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