NARSINGGIRJI MILLS Vs. ABDUL RASHID LADLESAB SHAIKH

JUDGEMENT

(1.) RULE. SHRI S. G. Kudale, waives service on behalf of the 1st respondent. The respondent No. 2 and 3 are not necessary parties being the Members of the Labour Court and Industrial Court respectively. By consent of parties Rules heard forthwith. Heard both sides. Perused the orders impugned.

(2.) BY this petition the employer namely The Narsinggirji Mills has challenged the interim order passed by the Labour Court, Solapur directing the Mills to permit the dismissed employee to resume his duties by way of interim order pending the complaint of the employee against the alleged illegal dismissal.

(3.) IT appears that after holding departmental inquiry the respondent No. 1 was dismissed from the post of junior clerk in the Rationing Department by an order dated August 10, 1992. The dismissed employee filed a complaint before the Labour Court. He also filed an application for injunction under Section 30 (2) of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act. The employer naturally opposed the interim order sought for. However, by a very detailed order dated March 17, 1993 the learned Judge of the Labour Court, solapur directed the petitioner-Mills to reinstate the respondent No. 1 on the post from which he was dismissed during the pendency of the complaint. Being aggrieved by the decision the Mills preferred revision to the Industrial Court, Maharashtra and the learned Member of the Industrial court by his judgment and order dated August 26, 1993 was pleased to dismiss the revision. That is how the Mill has preferred the present petition.