INDIAN AIRLINES LIMITED Vs. RITA SAHA

JUDGEMENT

(1.) IN the instant writ petition under challenge is an order passed by the national Industrial Tribunal, Mumbai, by which an application filed by the writ petitioner for approval of an order of removal respondent No:1 has been rejected. In the main writ petition an interim order has been passed staying the operation of the impugned order being Annexure P-23 to the writ petition.

(2.) SUBSEQUENTLY an affidavit affirmed by the respondent No. 1 has been filed in which it has been pleaded that she is not gainfully employed in any establishment from the date of termination of her service till the date of affirming the affidavit, which is 19th March, 2007. This affidavit has been filed in terms of section 17b of the Industrial Disputes Act, 1947. There has been no specific prayer or relief claimed in this affidavit excepting statements to that extent.

(3.) LEARNED Counsel for the respondent No. 1 has however, submitted that in terms of section 17b of the Industrial Disputes Act, 1947 what is needed is only filing of an affidavit stating the conditions stipulated in that section stands satisfied, and the relief ought to flow from the" said fact being brought to the notice of the Court.