LAWS(BOM)-2018-6-121

MAHARASHTRA GIRLS EDUCATION SOCIETY Vs. MAHARASHTRA KARMACHARI SANGHATANA

Decided On June 21, 2018
Maharashtra Girls Education Society Appellant
V/S
Maharashtra Karmachari Sanghatana Respondents

JUDGEMENT

(1.) This Petition challenges an order passed by the Industrial Tribunal at Pune on an application made to it for interim relief (Ex.U4) in a reference made under Section 10 read with Section 12(5) of the Industrial Disputes Act, 1947 for various reliefs concerning service conditions and monetary benefits of workmen represented by the Respondent Union. By the impugned order, the Industrial Court extended the benefits of settlement/s made by the petitionersociety with what was claimed as the majority of its workmen to all other workmen on the same terms and conditions as and by way of interim relief.

(2.) The petitioner is a society registered under the Societies Registration Act, 1860, and is engaged in imparting education to female students. The respondent is a union registered under the Trade Unions Act, claiming to represent nonteaching staff employed at various educational institutions of the petitionersociety.

(3.) Mr.Pai, learned counsel appearing for the petitioner, objects to the interim order on various grounds. Learned counsel submits that the Industrial Tribunal has no power to grant this relief as interim relief. Learned counsel submits that this was not an incidental matter having regard to the terms of the reference.