KRISHNA KESHAV LABORATORIES LIMITED Vs. ASHWINBHAI G RAVAL

JUDGEMENT

(1.) Rule. Mr. N. R. Shahani waives the notice of Rule. Krishna Keshav Laboratories LIMITED has prepared to present this petition to challenge the interim order passed by the Industrial Tribunal, Ahmedabad in Complaint (IT) No. 194 of 1995 in Reference (IT) No. 182 of 1990 on 7th February, 1997. The respondent is working as wireman with the present petitioner. It is the case of the petitioner that the respondent had committed misconduct by disobeying the orders of his superior as well as by threatening the superiors on 2nd October, 1995 and 4th October, 1995 and therefore, the petitioner was compelled to dismiss him with reserving its right to seek permission of the Labour Court for granting approval for said action and if necessary to prove the misconduct against the respondentdelinquent workman and to justify the order of dismissal. Before this action was taken, already a reference was pending before the Industrial Tribunal on account of various demands made by the Labour Union Gujarat Mazdoor Panchayat.

(2.) After passing of the said dismissal order on 4-10-1995, the respondent filed his complaint bearing No. 194 of 1995 before the Industrial Tribunal of Ahmedabad contending therein that the dismissal order is illegal and improper and therefore, to direct reinstatement of him with full back-wages. Along with the said complaint, he also gave an application for getting interim relief. The claim of the respondent was resisted and contested by the present petitioner before the Industrial Tribunal and it was contended that the petitioner wants to lead evidence to show that they were justified in passing the order of dismissal and that the order of dismissal passed by them was legal and valid. The petitioner also contended that they want to show and prove that their order of dismissal is valid and legal. If the petitioner succeeds in proving that order of dismissal was justified before the Industrial Tribunal, then it would relate back to the final date of dismissal. But if they happen to fail in showing the same, the said justification or proving of dismissal order being correct before the Industrial Tribunal then the respondent will be entitled to be reinstated in service either with full back wages or as per order passed by the Industrial Tribunal. There is no question of granting of interim relief and therefore, the claim of the interim relief should be rejected.

(3.) The learned Industrial Tribunal has passed a detailed reasoned order and has granted interim relief by ordering and directing the present petitioner to give the respondent subsistence allowance till the final decision of the complaint lodged by him by its order dated 7th February, 1997. This present writ petition is filed against the said interim relief granted by the Industrial Tribunal.