M/S. Hindalco Almex Aerospace Limited v. The General Secretary, Hindalco Almex Aerospace Employees Uniion

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7425 OF 2014 M/S. HINDALCO ALMEX AEROSPACE LIMITED, AURANGABAD

VERSUS

THE GENERAL SECRETARY, HINDALCO ALMEX AEROSPACE EMPLOYEES UNION, AURANGABAD Advocate for Petitioner : Shri S.V. Dankh.

Advocate for Respondent : Shri R.R. Raghuwanshi. CORAM : RAVINDRA V. GHUGE, J.

Dated : 28th June, 2017 PER COURT :- 1.

The petitioner is aggrieved by the order dated 08/07/2014, passed below Exhibit U-11 in Complaint (ULP) No. 125/2013.

2.

I have considered the submissions of the learned advocates.

3.

After this petition was filed on 23/07/2014, there has not been a single hearing in this matter and it appears that there are adjournments in the said proceeding for the last three years. An interlocutory order directing the petitioner not to deduct wages under the head of miscellaneous deductions has been passed by the Industrial Court during the pendency of the complaint and the said direction is to last till the complaint is decided.

4.

Considering that this is an interlocutory order and the complaint is pending before the Industrial Court and no orders have been sought in the last three years in this petition, I deem it appropriate to expedite the complaint, in which the pleadings have been completed.

5.

Considering the above, this petition is disposed of with the observation that Complaint (ULP) No. 125/2013, shall be heard expeditiously by the Industrial Court, Aurangabad. Needless to state, since the petitioner is paying the entire wages and is not deducting any amounts on the basis of "No work - No

pay", it shall be subject to the result of the complaint and all contentions of the litigating sides put forth in their pleadings shall be considered by the Industrial Court on their own merits. ( RAVINDRA V. GHUGE, J. ) S.P.C.