ASSOCIATION OF ENGINEERING WORKERS Vs. ETERNIT EVEREST

JUDGEMENT

(1.) THIS Letters Patent Appeal by the original petitioner is directed against the order dated 1st February 1996 whereby while making rule in the petition, interim relief has been refused. The prayer for the interim relief in the petition is to restrain respondent No. 1 from shifting, transferring, selling or parting with in any manner whatsoever the plant and machinery at its Mulund Factory. The learned Single Judge found that the undertaking given by Shri Mere De Preter, Director-in-charge and Principal Officer of the 1st respondent Company being unconditional is acceptable and, therefore, there was no question of granting any interim relief.

(2.) THE Appellant - original petitioner is a registered Trade Union. It is a recognised Union for the industrial undertaking of the 1st respondent, under the provisions of Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (for short "MRTU & PULP Act"). All the workers of respondent No. 1 company are its members. The respondent No.1 is a member of the Belgian Eternit Groups and it has its factories at Kymore, Mulund, Calcutta and Podanpur. Respondents Nos. 2 and 3 are builders engaged in the activity of constructing and developing residential houses in Bombay.

(3.) SHRI Deshmukh, learned counsel appearing for the appellant - original petitioner in support of the appeal, vehemently contended that the impugned order is unsustainable. According to him, the affidavit - undertaking dated 29th January 1996 filed by the Director-in-charge and Principal Officer is conditional and, therefore, the learned Single Judge has erred in terming the same as unconditional. In that it was pointed out by Shri Deshmukh that there can be no objection to Para 2 of the undertaking but when the same is read with para 3 thereof, the so-called undertaking loses its sting. He also pointed out that the learned Single Judge was in error by holding that there is no substance in the objection raised by Shri. J.S. Shelar, Secretary of the appellant - petitioner Association. In any case, Shri Deshmukh pointed out that this observation may come in the way of the appellant for obtaining final relief in the proceedings before the Tribunal. The undertaking filed by Shri Merc De Preter is to this effect.