TELCO KAMGAR SANGHATANA Vs. AVINASH PANDURANG TORO

JUDGEMENT

(1.) THIS matter can be disposed of at the stage of admission. Accordingly Rule will issue. Smt. Menon for Respondents 1 to 5 waives service. Respondent No. 6 being the Tribunal is a formal party and need not be served. Advocates are heard.

(2.) BY this Writ Petition the Petitioners have impugned an interim order passed by the Industrial court, Pune on 5th September 1989. A substantive dispute was referred to the Industrial Court on 20th October, 1988 after obtaining the permission of the Registrar. This was numbered as application ICTU No. 4 of 1988 and was one under the procedure contemplated by Section 28 (1-A ). As usual the proceedings considered in a very leisurely manner and till April of next year only the pleadings had been completed. It would appear that thereafter an interim order was sought for and passed by the Tribunal in September 1989, that is, nearly 11 months after the proceedings were concerned.

(3.) FOR passing an interim order and granting interim reliefs in this absolute terms pending the hearing and final disposal of the proceedings before it, the Tribunal or the Court must keep before itself several considerations viz; (1) fairly strong prima facie case, (2) grave prejudice if injunction is not granted, (3) finally the Tribunal should be satisfied that grant of injunction is also justification on the principal of balance of convenience.