SANDVIK ASIA LIMITED Vs. SANDVIK ASIA EMPLOYEES

JUDGEMENT

(1.) RULE. Returnable forthwith.

(2.) MR. Kiran Bapat, advocate waives service for respondent Nos. 1 and 3. Service of rule on respondent Nos. 2 and 4 is dispensed with.

(3.) THE respondent No. 1 herein (for short 'the complainant') filed a complaint (ULP) No. 86 of 2001 before the Industrial Court, Pune under Section 28 read with Item 9 of Schedule iv of the Maharashtra Recognition of Trade unions and Prevention of Unfair Labour practices Act, 1971 (for short 'mrtu and PULP act') praying therein that petitioner herein (for short 'the employer') be declared to have engaged in unfair labour practice by appointing shri M. P. Gokhale as enquiry officer and the said enquiry officer be restrained from conducting enquiry against respondent No. 2 shri K. M. Bhalerao and respondent No. 3 Shri r. G. Solomon herein (for short 'the employees') and the entire proceedings of enquiry conducted by enquiry officer be declared null and void. In the said complaint, an application for interim relief was made. After hearing the parties, the Industrial Court by impugned order dated April 16, 2001 prima facie held that the employer has committed an unfair labour practice under Item 9 of Schedule iv of MRTU and PULP Act and restrained the employer from appointing Shri M. P. Gokhale as enquiry officer and Shri V. G. Deshpande, advocate as management representative. The said order dated April 16, 2001 is under challenge in this writ petition.