NICHOLAS PIRAMAL INDIA LIMITED Vs. NICHOLAS EMPLOYEES UNION

JUDGEMENT

(1.) IN these two Writ Petitions the interim order passed by the Industrial Court, Mumbai on 5/5/2008 in Complaint (ULP) No. 118 of 2008 is challenged. By the said interim order, the industrial Court has rejected the application of the complainant-Union by declining to stay the transfer of the employees from Mulund in Mumbai to Baddi in himachal Pradesh except in the case of 7 employees.

(2.) COMPLAINT (ULP) No. 118 of 2008 was filed by the Nicholas Employees Union (?union' for short)alleging unfair labour practice on the part of nicholas Piramal India Ltd. (?company' for short)in closing the Mulund Unit and transferring the permanent employees working in the Mulund Unit to baddi a place in Himachal Pradesh. The Union contended that the decision of the Company in shifting the Mulund Unit and consequently transferring the employees is vitiated by malafides and constituted unfair labour practice under the mrtu and PULP Act, 1971. As the Industrial Court declined to grant interim relief except in the case of 7 employees, both the Company as well as the union have filed these two Writ Petitions.

(3.) WRIT Petition No. 3505 of 2008 is filed by the Company to challenge the order of the Industrial court in so far as it relates to directing the company to absorb 7 employees of the Mulund Unit at its other establishments of the Company in Mumbai/ thane region. Writ Petition No. 1304 of 2008 is filed by the Union to challenge the order of the industrial Court in so far as it relates to declining to stay the transfer of the remaining 19 employees.