LAWS(BOM)-2003-3-99

ZANDU PHARMACEITICALS WORKS LIMITED Vs. SNEHAL DHANSUKHLAL MUNIM

Decided On March 13, 2003
ZANDU PHARMACEUTICALS WORKS LTD. Appellant
V/S
SNEHAL DHANSUKHLAL MUNIM Respondents

JUDGEMENT

(1.) THESE two writ petitions can be conveniently disposed of by the common judgment inasmuch as they arise from the interim orders passed by the Tribunal in the complaint filed by the respondent-employee and the final award passed disposing of the said complaint by the Tribunal.

(2.) IN Writ Petition No. 1836 of 1994 (for short first petition) the petitioner-company has impugned the orders dated 22/10/1993 and 25/02/1994 passed by the Industrial tribunal below Exhibits "u-2" and "c" respectively. The application Exhibits "u-2" and "c" were filed by the respondent-employee in Complaint (IT) No. 2 of 1993 in reference (IT) No. 171 of 1990. Exhibit "u-2" was filed for directions to the petitioner- company to temporarily withdraw the unfair labour practice and to keep the order of termination of respondent-employee's service in abeyance and to reinstate him forthwith, pending hearing and final disposal of the main complaint. The respondent-employee had also prayed for directions to the petitioner-company to pay him two months wages and allowance and give him all other consequential benefits. Exhibit "c" application was filed by the respondent- employee seeking relief to disallow the petitioner-company to lead any fresh evidence in view of the order dated 22/10/1993 passed by the Tribunal below Exhibit "u-2".

(3.) THE Tribunal while deciding the application under Exhibit "u-2" framed the following issues: