THAKRE RAJENDRA DWARKANATH Vs. A E C LTD

JUDGEMENT

(1.) Rule. Mr. B.G. Shukla with Mr. Nanavati waives service of notice of Rule. With the consent of the parties, the matter is taken up for the final hearing today.

(2.) The present petition is preferred by the petitioner challenging the legality and validity of the order dated 5.4.2004 passed by the Industrial Court (which is wrongly typed as Industrial Tribunal) in Review Application No. 7 of 2000, whereby, the order passed in Revision No. 36 of 2000 is set aside and the direction is given to consider the proceedings of B.I.R. Application No. 84 of 2000 under Section 80(C) of Bombay Industrial Relations Act (hereinafter referred as "BIR Act" and to decide the Preliminary issues.

(3.) Heard Mr. Sinha, learned advocate for the petitioner and Mr. Nanavati for the respondent. It appears that initially the proceedings are initiated under the BIR Act being Application No. 84 of 2000 and in the said proceedings, the application Ex. 2 was submitted by the petitioner prohibiting the respondent from making any change in the service condition including the reduction of the strength of the Meter Readers. The Labour Court passed the order on 8.6.2000, whereby, the interim injunctions was granted in part. It was one of the contentions of the respondent that until the order under Section 80(C) of the BIR Act is passed, the present application is not maintainable. It is also the case of the respondent that other contentions regarding maintainability of the application before the Labour Court were also raised.