M/S. Bhatia Hospital , Mumbai v. Mr. Jagdish Pandurang Shingre

1 22) wp250-19.doc SAS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.250 OF 2019 M/s. Bhatia Hospital ..Petitioner.

V/s.

Jagdish Pandurang Shingre ..Respondent.

Mr.K.S. Bapat with Mr.T.R. Yadav. Mr.Jayesh Desai & Ms.Gauri Bhosale i/b. Desai & Desai Associates for the Petitioner. MrAmardeep Ramesh Battacharya for the Respondent. CORAM : S.C.GUPTE, J.

DATE : FEBRUARY 13, 2020 P.C. :- Heard learned counsel for the parties.

2.

This writ petition challenges an order passed by the Industrial Court, Mumbai in a revision application. While disposing of an application under section 30(2) of the Maharashtra Recognition and Trade Union and Unfair Labour Practices Act, 1971, fled in a complaint of unfair labour practice by the Respondent herein, the trial Court, i.e. the Labour Court at Mumbai, directed the Petitioner establishment to re-employ the Respondent as an interim relief in the complaint. That order was set aside by the Industrial Court, Mumbai, but the Petitioner establishment was directed to

2 22) wp250-19.doc deposit monthly salary of the Respondent as ordered by the Labour Court from the date of his termination and till the date of disposal of the complaint. The Labour Court was directed to dispose of the complaint as early as possible within a period of three months. No fault can be found with the said order. This order basically seeks to balance equities and is in the nature of a condition for stay.

3.

The writ petition accordingly has no merits and is dismissed.

(S.C.GUPTE, J.)