VAIBHAV LAXMAN SURAVKAR Vs. ULTRA DRYTECH ENGINEERING

JUDGEMENT

(1.) RULE, returnable forthwith. Learned Counsel appearing on behalf of the respondents waives service. By consent taken up for hearing and final disposal.

(2.) A complaint was instituted by the Petitioners under Items 5, 9 and 10 of Schedule IV of the Maharashtra Recognition of Trade Unions and prevention of Unfair Labour Practices Act, 1971. On 22/06/2001 the complaint was allowed by the Industrial Court at Thane in so far as Items 5 and 9 were concerned. The order of the industrial Court was confirmed by this Court and it is an admitted position that the petition which was filed by the respondents to challenge the order of the Industrial Court came to be dismissed. While allowing the complaint under Items 5 and 9 of Schedule IV, the Industrial Court issued the following directions :

(3.) THE order of the Industrial Court directing the respondents to pay 50% of the wages to the complainants and to the employees referred to in the complaint from January to July, 2000 and to thereafter continue the payment of wages until the employees were taken back on duty was admittedly not complied with. The petitioners thereupon moved an application under s. 50 of the Act before the Industrial Court for the issuance of a recovery certificate. That application has been dismissed by an order dated 20th June, 2003 which is called into question in these proceedings.