MAHINDRA AND MAHINDRA LTD Vs. DWARKANATH BABAJI DALVI

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution of India is directed against the order of the Industrial Court, Mumbai dated 25th october, 2005 dismissing the revision application preferred by the petitioner-employer challenging the order dated 25 October, 2005 passed below Exh. U-2 by the Sixth Labour Court, Mumbai allowing interim application with direction to withdraw the unfair labour practices complained of pending hearing and disposal of the substantive complaint with further direction to reinstate the complainant within a period of one month with full wages till the date of disposal of the said complaint. Factual Matrix :

(2.) The respondent No. 1- complainant has filed complaint under item l (a) (b) (d) and (f) of Schedule-TV of the Maharashtra Recognition of Trade unions and Prevention of Unfair Labour Practices Act, 1971 ("mrtu and PULP act" for short) with material facts and particulars described in the complaint.

(3.) The complainant has pleaded in the complaint details of the act of victimisation practised by the petitioner. The complainant has also pleaded in the complaint that the petitioner-employer did not conduct any departmental enquiry whatsoever against him. That he has been deprived of his right of being heard, which was available to him under the Certified Standing Orders applicable to the petitioner-employer.