R P THAKUR Vs. TATA ELECTRIC COMPANIES

JUDGEMENT

(1.) BOTH these writ petitions have been heard together for admission since they are between the same parties and the matter is connected.

(2.) WRIT Petition No.1409 of 1997 is at the instance of Shri R.P.Thakur (employee) aggrieved by the order passed by the Industrial Court, Mumbai on 11/8/1997 whereby the said Court set aside the interim order dated 17.6.1997 passed by the Labour Court and thus rejected the employee's prayer for interim relief. On the other hand, writ petition No.1552 of 1997 has been filed by the Tata Hydro Electric Power Supply Co. Ltd., (employer) dissatisfied with the order passed by the Labour Court and the Industrial Court holding the complaint filed by the employee maintainable.

(3.) IN support of the writ petition filed by the employee, the learned Counsel for the employee contended that the Industrial Court had no jurisdiction to interfere with the just order passed by the Labour Court by way of interim relief directing the employer to reinstate the employee or to pay him wages in lieu thereof. In support of his contention, he relied upon the judgment of the Apex Court in Mohd. Yunus v. Mohd. Mustaqim and others AIR 1984 SC 38 and another judgment of the Apex Court in The Board of Management S.V.T. Education Institution and another and A.Raghupathy Bhat and others. 1997 (76) FLR 221 and Single Judge Bench judgment of this Court in Kala Silk Factory v. Phankoo Bakas Yadav & Ors. 1991 II CLR 888.