INDIAN TOURISM DEVELOPMENT Vs. PRESIDING OFFICER

JUDGEMENT

(1.) The petitioner by this petition which is filed under Articles 226 and 227 of the Constitution of India is challenging the issuance of process by the 9th Labour Court, Mumbai, in Misc. Criminal Complaint (ULP) No. 86/2008. Brief facts are as under :-

(2.) The petitioner is a company incorporated under the Companies Act and they are running the business of duty free shop at the international airport at Sahar, Andheri (E), Mumbai -96. It is their case that the licence which was given to them expired in December, 2007 and after the privatization of the international airport, the licence to run duty free shops was given to a Singapore based company and it is running the duty free shops at the international airport since January 2008. It is the case of the petitioner that its corporate office is situated at New Delhi. The respondent No. 2, according to the petitioner, is a contractual employee which was initially appointed for one year.

(3.) Fourteen employees of the petitioner company filed complaint (ULP) No. 328/2007 before the Industrial Court, Mumbai, and an ex parte order dated 10th August, 2007 was passed restraining the petitioners from terinating the services of the said employees. The said order was partly modified after notice was given to the petitioners and on 31 st August, 2007, the Industrial Court directed the petitioners not to terminate the services without following due process of law. An application was filed by the petitioners for vacating the interim order which was passed by the Industrial Court, however, the said application is still pending.