SHRAMIK UTKARSHA SABHA Vs. RAYMOND WOOLLEN MILLS LTD

JUDGEMENT

(1.) H. D. Patel, J: This appeal is directed against the order passed by the learned single judge of this Court on 19th June, 1991 refusing to grant interim relief at the time of issuance of the 'rule'. Instead an order seems to have been passed as "expedited". In the absence of any order passed on interim relief it is presumed by the appellant that the relief has been rejected and hence this appeal came to be filed.

(2.) IN order to decide the points involved in this appeal, it is incumbent upon this Court to probe deeper also on merits of the Writ Petition. Virtually by deciding the appeal on interim relief the writ Petition itself would stand decided. Realizing the situation the parties to this appeal very fairly consented to dispose of the writ petition itself which this Court has undertaken to do. Accordingly we have heard the parties even on merits with a view to dispose of the writ petition as well.

(3.) THE appellant who had filed the writ petition, is a Trade Union duly registered under the relevant provisions of the Trade Union Act. Feeling aggrieved by the order passed by the industrial Court on 27th February, 1991 in complaint proceedings bearing No. 22 of 1991, rejecting the application filed by the appellants for impleading them as a party respondent in the original complaint, a writ petition bearing No. 1772 of 1991 came to be filed. Simultaneously, they have also impugned the interim orders passed by the learned Industrial Court on 23rd january, 1991 in the said complaint proceedings, under provisions of Sub-clause (2) of Section 30 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices act, 1971, hereinafter referred to as 'the Act No. 1 of 1972'. The facts leading to the filing of the writ Petition are briefly stated hereinbelow.