WOCKHARDT LIMITED Vs. MACHHINDRA KONDIBA GAIKWAD

JUDGEMENT

(1.) By the present Writ Petition, the petitioner herein has prayed that the impugned order dated 6.6.1996, passed by Industrial Court, Aurangabad in Complaint (ULP) No.68/1995 be quashed and set aside to the extent of implied condonation of delay.

(2.) The petitioner is a Company incorporated under the Companies Act, 1956 and is having its registered office at Poonam Chambers, Worli, Bombay and factory situated at Aurangabad. The life saving drugs are being manufactured in the factory at Aurangabad. The respondent Nos.1 and 2 were in the employment of the petitioner factory and they along with other 9 employees came to be charge sheeted and were also suspended pending the enquiry. Being aggrieved by the said charge sheet and suspension, the said 11 employees filed Complaint (ULP) No.68/1995 along with application for interim relief before the Industrial Court, at Aurangabad on or about 7.3.1995. The present petitioner (original respondent) opposed the said complaint by filing written statement as well as reply to the interim application. However, the Industrial Court rejected the application for interim relief by its order dated 14.6.1995.

(3.) During the pendency of the complaint before the Industrial Court, some of the complainants had resigned and remaining complainants approached to this Court by filing Writ Petition No.4767/1995. After hearing the respective parties, the said Writ Petition was disposed of by this Court vide order dated 3.11.1995 with directions to the Industrial Court, Aurangabad to decide the complaint within a fixed period and also decide the issue of jurisdiction along with the other issues.