MODIPON LTD Vs. P O LABOUR COURT I

JUDGEMENT

(1.) Facing proceedings of domestic enquiry initiated by their employer with the submission of the charge-sheet dated July 19, 1993 accompanied by an order of their suspension with effect from that date, the respondent Nos. 3 and 4 filed an application under Section 11-C of the U.P. Industrial Disputes Act (Hereinafter referred to as the 'Act') seeking an order in regard to the questions as to whether the certified standing order issued in the name of M/s Modipon Ltd. Modi Nagar was applicable to the Service Conditions and Terms of Employment and regulated the service conditions of the workmen, appointed by M/s. Modipon Ltd. falling in the category of the applicants who were working in the Modipon Fiber Co., Modi Nagar - a unit of Modipon Ltd. and in case the answer to the above question was in the negative praying in the alternative an interpretation as to whether the certified standing order of M/s. Modipon Fiber Co. - the unit of M/s Modipon Ltd. was applicable to them and regulated the service conditions of the aforesaid employees appointed by M/s Modipon Ltd. and whether the certified standing order of M/s Modipon Fiber Co. Ltd. had the over-riding effect on the certified standing order of M/s Modipon Ltd.

(2.) Along with the aforesaid application the respondent Nos. 3 and 4 moved an application seeking an interim injunction restraining the opposite parties, which apart from M/s Modipon Fiber Co., Modi Nagar, a unit of M/s Modipon Ltd. included Modipon Ltd., Modi Nagar also, from taking any action terminating the services of the aforesaid applicants or passing any order affecting their service interest in any manner during the pendency of the application under Section 11-C of the Act.

(3.) The Labour Court disposed of the aforesaid application vide its judgment and order dated June 4, 1994 clarifying that the certified standing orders of Modipon Fiber Co. Ltd. alone and not those of Modipon Ltd. were applicable, in the case of respondents No. 3 and 4 and regulated their service conditions and terms of employment. The Labour Court further held that it had no jurisdiction to grant any interim relief as prayed for and rejected the application for the purpose.