Bombay High CourtWP/100/2019disposed off

M/S. Lavino -Kapur Cottons Pvt. Ltd. v. Sharmik Utkarsh Sabha And ANR

2019-01-01Hon'Ble Shri Justice C.V. Bhadang2 pages

1 of 2 936-wpst-37373-18.doc Ladda RS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION.

WRIT PETITION Stamp No.37373 of 2018 Lavino-Kapur Cottons Private Limited ..Petitioner.

Vs Sharmik Utkarsh Sabha & Anr ..Respondents.

Mr. Arshad Shaikh a/with Arun Nile i/by Shri G.K. Tripathi for the petitioner.

Shri P.M. Palshikar, Advocate for Respondent No.1 and 2. CORAM :- C.V. BHADANG, J.

(VACATION COURT) DATED :- 1st JANUARY, 2019.

P.C.

Heard learned Counsel for the parties.

This petition can be disposed of on a short count. The petitioner who is the original complainant before the Industrial Court, is challenging the order dated 21st December, 2018 passed by the Industrial Court at Thane in Complaint (ULP) No. 261 of 2018 by which the Industrial Court has refused to grant the ad-interim relief, as claimed by the petitioner and has granted a limited relief of restraining the respondents from indulging in any act of violence, coercion or criminal intimidation to the managerial staff / non-striking employees. The respondents have been further directed to maintain peace, law and order and shall not prevent ingress and egress of men and material in the complainant company.

During the course of argument, it is submitted that the application for interim relief is coming up before the Industrial Court tomorrow i.e. on 2/1/2019. It is undisputed that the respondents have

2 of 2 936-wpst-37373-18.doc filed their reply to the application for interim reliefs. The learned Counsel for the Respondents states that the respondents shall not seek any adjournment in so far as the hearing of the application for interim relief is concerned. The statement so made is accepted. In view of the fact that the application for interim relief is coming up before the Industrial Court tomorrow i.e. on 2/1/2019, this petition is disposed of. Needless to mention that the Industrial Court shall decide the application for interim relief on its own merits and in accordance with law.

(C.V. BHADANG, J)