Industrial Court at Mumbai on a complaint of unfair labour practice made by the Petitioner-union (in Writ Petition (L) No.112 of 2020). The controversy concerns about five workmen of the Respondent, who are proposed to be transferred. After the matter is heard at some length, it is agreed between learned Counsel for the parties that the impugned order of the Industrial Court dated 25 November 2019 may be quashed and set aside and the Interim Application (Exhibit U-2) may be remanded to the Industrial Court for a fresh hearing in accordance with law. Accordingly, the impugned order passed below Exhibit U-2 is quashed and set aside and the interim application, Exhibit U-2, is remanded to the Industrial Court. The Industrial Court shall prima facie consider the merits of the Petitioner’s application under all three items, that is, Items 3, 9 and 10 of Schedule IV of Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, and whether any interim relief deserves to be granted under any of these items. All rights and contentions of the parties on merits in that behalf are kept open.
