DINERS CLUB INDIA LTD Vs. RAJGURU M S

JUDGEMENT

(1.) AGAINST the notice dated 27. 8. 1990 issued by the First Labour Court, Bombay informing the Petitioners why proper action under Section 48 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practice Act should not be taken against the Petitioners this Criminal Application is filed.

(2.) IT is submitted that on the interim application filed by the Maharashtra General Kamgar Union in Complaint (ULP) No. 730 of 1990 the Industrial Court, Bombay on 12. 7. 1990 passed the following order :- "status quo ante be maintained this order is passed after hearing both the sides. " Thereafter on 21. 8. 1990 M. S. Rajguru, the Respondent No. 1 filed Criminal Miscellaneous Complaint (ULP) No. 101 of 1990 under section 48 of the Act before the Labour Court alleging that the Petitioners have committed the breach of the status quo order passed by the Industrial Court. Therefore, they should be punished under Section 48 of the Act.

(3.) AT the time of hearing of this Application the learned Counsel for the Petitioner pointed out that the status quo order passed by the Industrial Court is already vacated on 21. 10. 1993. It is also submitted that status quo ante would not mean that other prayers of the Union was granted by the Court and the submission made by the complainant in para 4 that it would include all the prayers is totally without any basis.