GENERAL MANAGER BRIHANMUMBAI ELECTRIC SUPPLY AND TRANSPORT UNDERTAKING Vs. HASIM SHAIKH NABIBAX SHAIKH

JUDGEMENT

(1.) By this Writ Petition, the original respondent is challenging the Judgment and Order dated 2 nd February 2019 passed by the learned Member of Industrial Court, Mumbai thereby rejecting the Revision Petition filed by the petitioner/employer and confirming the Judgment and Order passed by the learned Labour Court in Complaint ULP No.10 OF 2015. By this Judgment and Order dated 26/05/2017, the learned Judge of the Labour Court was pleased to allow the complaint alleging unfair labour practices on the part of the employer partly. It was declared that the employer had engaged in unfair labour practices under Item No.1(a), (b), (c), (d) (f) and (g) of Schedule IV of The Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as "MRTU and PULP Act" for the sake of brevity). The employer was directed to cease and desist from continuing the unfair labour practices. Subsequently, Dismissal Order dated 01/11/2012 passed by the employer was quashed and set aside. The complainant/respondent herein was directed to be reinstated with continuity of service but without back-wages.

(2.) Heard the learned Counsel for the petitioner/employer. He drew my attention to the Judgment of the Honourable Apex Court in the matter of Colour-Chem Ltd. Versus A.L.Alaspurkar & Ors.,(1998)3 Supreme Court Cases 192. and argued that Section 11-A of the Industrial Disputes Act, 1947 has no application to the complaint under Section 28 of the MRTU and PULP Act. He has also placed reliance on Judgment of the learned Single Judge of this Court in the matter of Colour- Chem Ltd. & Ors. Versus A.L.Alsapurkar, Member, Industrial Court, Thane & Ors.,1992 I.L.L.N.95. to buttress this contention and argued that once the preliminary point regarding fairness of enquiry and finding of the Enquiry Officer are held by the learned Labour Court, it ought not to have granted reinstatement by allowing the complaint.

(3.) As against this, the learned Counsel for the respondent herein i.e. original complainant contended that the petitioner is not entitled for relief of stay to the Judgment and Order of reinstatement as the employee was honourably acquitted by the Criminal Court. He placed reliance on Judgment of the Honourable Apex Court in the matter of Sulekh Chand and Salek Chand Versus Commissioner of Police & Ors.,1995 I CLR 225. as well as in the matter of G.M.Tank Versus State of Gujarat & Anr.,2006 (4) L.L.N. 28.. He has also placed reliance on the Judgment of the learned Single Judge of this Court in the matter of Chandrakant Raoji Gaonkar Versus Bombay Port Trust & Ors.,W.P.No.1939 of 1992 dated 3rd March 1995.