SAUDI ARABIAN AIR LINES BOMBAY Vs. SALIM GANDHI

JUDGEMENT

(1.) THIS petition filed by M/s. Saudi Arabian Airlines challenges the legality and correctness of the order dated 2nd November, 1992 passed by the learned Judge, Labour Court at Bombay directing the petitioners to maintain status-quo until further orders in Complaint (ULP) No. 379 of 1992 and continuation of the said order by orders dated 24th November, 1992 and 10th December, 1992. However, it is not necessary to deal with this aspect of the matter in as much the main complaint being complaint (ULP) No. 389 of 1992 is admittedly disposed of and as such interim orders are of no consequence as of today.

(2.) THE petition also impugned the legality and correctness of the order of issuance of summons or process to the petitioners by the learned Presiding Officer of the Labour Court, Bombay in Miscellaneous Criminal Complaint (ULP) No. 139 of 1992 filed by the employee by name Salim Gandhi.

(3.) SHRI Cama, learned counsel for the petitioners contended that the orders of issuance of process are without any application of mind. The complaint itself does not disclose any offence under the Act, and the learned Judge has mechanically issued the process. Shri Ganguli on the other hand contended that it is the discretionary order not calling for any interference in writ jurisdiction of this Court.