GULAM MUSTAFFA KURESHI Vs. MEMBER INDUSTRIAL COURT

JUDGEMENT

(1.) BY the present Letters Patent Appeal, the appellant is challenging the orders dated 23-1-2003 and dated 23-2-2004 passed in civil Application No. 485/2001 and C. A. No. 1194 respectively. By the said orders, the learned Single Judge has stayed the further proceedings in complaint ULPA No. 594 of 1998 pending before the Labour Court till hearing and final disposal of the main Writ Petition No. 4855 of 2003. The consequent result is that the proceedings before the Labour Court has been stayed. In our view the said order is likely to affect both the parties since there would be substantial delay in adjudication of the pending complaint before the Labour 'court. The Apex Court has repeatedly held that as far as possible proceedings before the Labour Court should not be stayed because it results in inordinate delays. In light of the aforesaid facts, both the learned Counsel appearing for the parties have filed a purshis dated 16-10-2004 in the present appeal requesting this Court that the main writ petition itself should be disposed of at the admission stage of this LPA itself. In defence to the joint request of both the learned Counsel through their joint purshis dated 16-10-2004, we take up the main Writ Petition No. 4855 of 2003 itself for hearing and final disposal.

(2.) SOME of the brief facts of the present case are enumerated as under :-

(3.) FOR the purpose of the present judgment, we will described the company as the petitioner since the said company is a writ petitioner in Writ petition No. 4855 of 2003 and the workman will be described as respondent since the said workman is a respondent in the main Writ Petition No. 4855 of 2004. The petitioner company is engaged in manufacture of Rubber V-Beits and has its factory at M. I. D. C. Industrial Area, Hingna Road, Nagpur. The conditions of service of the workmen in the company are governed by the model Standing Orders framed under the Industrial Disputes Act, 1947 (hereinafter referred to as the said Act ). The respondent workman was appointed in the post of helper with effect from 1-2-1990 and was posted subsequently on Bais cutting machine and thereafter posted on soulding machine. With effect from 1-2-1991, the petitioner was made permanent in the said post and was paid daily wages rate of Rs. 69/- per day.