The Ordnance Factory Bhandara Karmachari Sahakari Pat Sanstha Ltd. Thr. President, Vinod G. Meshram v. Ravishankar S/O Laxman Vaidya And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR WRIT PETITION NO.2981 OF 2016 THE ORDNANCE FACTORY BHANDARA KARMACHARI SAHAKARI PAT SANSTHA LTD. THR. PRESIDENT, VINOD G. MESHRAM ..VS..

RAVISHANKAR S/O LAXMAN VAIDYA AND ANOTHER ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri V.B. Gawali, counsel for the petitioner. Shri R.A. Gupte, counsel for respondent No.1.

CORAM

: R.K. DESHPANDE, J.

DATED : OCTOBER 25, 2016.

Heard learned counsel Shri V.B. Gawali for the petitioner and learned counsel Shri R.A. Gupte for respondent No.1.

This writ petition challenges order below Exh.U-2 in Complaint (ULP) N.11 of 2016 dated 12.5.2016 passed by learned Judge, Labour Court, Bhandara granting interim relief directing the petitioner to reinstate respondent No.1 in service pending decision of the main complaint. The petition also challenges judgment and order dated 9.3.2016 passed by learned Member, Industrial Court, Bhandara in Complaint (ULP) No.46 of 2014 directing regularization of services of the complainant on compassionate ground.

It is not possible to entertain composite .....2/-

petition challenging order passed by learned Member, Industrial Court, Bhandara in complaint under Item 9 of Scheduled - IV of the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971 (for short, "the said Act") and the oder passed by learned Judge, Labour Court, Bhandara in complaint under Item 1 of Schedule - IV of the said Act. This petition is, therefore, treated as one challenging order dated 12.5.2016 passed in Complaint (ULP) No.11 of 2016 by the Labour Court.

Respondent No.1 is directed to be reinstated in service by way of an interim relief pending decision of the main complaint. The Court has observed that the complainant has been working on the post from 20.12.2012 on compassionate ground. The question of violation of Sections 25F and 25G of the Industrial Disputes Act, 1947 is required to be considered in complaint.

No interference is called for in the order impugned in the writ petition. The writ petition is dismissed.

The petitioner is at liberty to file separate writ petition challenging judgment and order dated 9.3.2016 passed by learned Member, Industrial Court, Bhandara.

JUDGE !! BRW !!

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C E R T I F I C A T E I certify that this Order/Judgment uploaded is a true and correct copy of original signed Order.

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Uploaded on :- 27/10/2016 (Personal Assistant) ...../-