SARVA SHRAMIK SANGH Vs. SWAN MILLS LTD

JUDGEMENT

(1.) HEARD learned counsel on both sides.

(2.) THERE is some force in the contention of the petitioners that the Industrial Court had jurisdiction to entertain Complaint (ULP) No. 1483 of 1992 as well as application for interim relief. The question to be asked is as to whether interim reliefs sought for could be granted by the Industrial Court or whether the petitioners must await the hearing and final disposal of Complaint (ULP) No. 1483 of 1992.

(3.) AFTER taking an overall view of the matter, I have reached the conclusion that no interim relief could have been granted by the Industrial Court to the petitioners an any view of the matter. The petitioners' complaint is to the effect that the respondent No. 1 has been taking the work, which these 17 workmen were doing, from outside agencies. Perhaps the respondent No. 1 is entitled to do so in view of the settlement dated 5th February 1991 and the Scheme sanctioned by the Board. The controversy raise is not free from doubt. Perhaps the petitioners may have some justification in making of their grievance before this Court to the effect that the respondent No. 1 must be directed to provide jobs to the workmen represented by the petitioners and restrained from taking the same work from outside agencies. Several factual an legal aspects shall have to be examined in depth before a definite conclusion is arrived at by the Court. All these problems cannot be sorted out at an interlocutory stage. In my opinion, parties shall have to await the final hearing of the complaint.