Case Note & Summary
The petitioner, Agricultural Produce Market Committee, Warora, filed two writ petitions under Articles 226 and 227 of the Constitution of India challenging a common order dated 10/03/2011 passed by the Member, Industrial Court, Chandrapur. The impugned order allowed interim applications filed by the respondents (complainants in Complaint ULP No.122/2004 and 3/2011) and restrained the petitioner from terminating their services unless by due process of law, and directed that any appointment made on the basis of recruitment would be subject to the decision of the complaint. The respondents had alleged unfair labour practice against the petitioner for not regularizing their services and not conferring benefits of permanent employees. The High Court found that the Industrial Court had passed the interim order without considering the prima facie case, balance of convenience, and irreparable loss, which are essential factors for granting interim relief. The court noted that the order was passed in a mechanical manner without application of mind. Consequently, the High Court allowed the writ petitions, set aside the impugned order, and directed the Industrial Court to decide the interim applications afresh after hearing both sides and considering the relevant factors.
Headnote
A) Industrial Law - Unfair Labour Practice - Interim Relief - Industrial Court granted interim order restraining termination of services without considering prima facie case, balance of convenience, or irreparable loss - Held that such blanket order without application of mind is unsustainable and liable to be set aside (Paras 1-5).
Issue of Consideration
Whether the Industrial Court was justified in granting interim relief restraining the petitioner from terminating the services of the respondents without considering the prima facie case, balance of convenience, and irreparable loss
Final Decision
The High Court allowed the writ petitions, set aside the impugned order dated 10/03/2011, and directed the Industrial Court to decide the interim applications afresh after hearing both sides and considering the prima facie case, balance of convenience, and irreparable loss.
Law Points
- Interim relief in unfair labour practice complaints must be based on prima facie case
- balance of convenience
- and irreparable loss
- Industrial Court cannot grant blanket protection without considering these factors
- High Court under Articles 226 and 227 can interfere with orders passed without jurisdiction or in violation of principles of natural justice
Case Details
2011 LawText (BOM) (08) 130
Writ Petition Nos.2655/2011 & 2680/2011
Shri A. C. Dharmadhikari for petitioner, Shri V. P. Marpakwar / Shri P. C. Marpakwar for respondents
Agricultural Produce Market Committee, Warora, Through its Secretary
Kavishwar Sakharam Watkar, Rajendra Haribhau Meshram, Praful Ramdas Wadafale, Baba Maroti Sarpate, Bhaurao Tatyaji Tonge, Limeshwar Krushnaoraoji Upre, Ashok Namdeo Ingle, Sharad Dattuji Bodhe, Sheshrao Wadguji Jeurkar
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Nature of Litigation
Writ petitions under Articles 226 and 227 of the Constitution of India challenging an interim order passed by the Industrial Court in unfair labour practice complaints.
Remedy Sought
The petitioner sought quashing of the common order dated 10/03/2011 passed by the Member, Industrial Court, Chandrapur, which granted interim relief to the respondents.
Filing Reason
The petitioner challenged the interim order on the ground that it was passed without considering the prima facie case, balance of convenience, and irreparable loss.
Previous Decisions
The Industrial Court had passed the impugned interim order on 10/03/2011 in Complaint ULP No.122/2004 and 3/2011.
Issues
Whether the Industrial Court was justified in granting interim relief without considering the prima facie case, balance of convenience, and irreparable loss.
Submissions/Arguments
The petitioner argued that the Industrial Court passed the interim order mechanically without application of mind and without considering the essential factors for granting interim relief.
The respondents supported the impugned order, but the judgment does not detail their specific arguments.
Ratio Decidendi
Interim relief in unfair labour practice complaints must be granted only after considering the prima facie case, balance of convenience, and irreparable loss; an order passed without such consideration is unsustainable and liable to be set aside.
Judgment Excerpts
The above petitions filed under Articles 226 and 227 of the Constitution of India take exception to the common order dated 10/03/2011 passed by the Member, Industrial Court, Chandrapur, by which order the interim application filed by the respondents herein came to be allowed...
The respondents herein are the complainants in Complaint ULP No.122/2004 and 3/2011, which they have filed alleging unfair labour practice against the petitioner herein...
The Industrial Court has passed the impugned order without considering the prima facie case, balance of convenience and irreparable loss...
In the result, the above writ petitions are allowed. The impugned order dated 10/03/2011 is set aside. The Industrial Court is directed to decide the interim applications afresh after hearing both sides and considering the prima facie case, balance of convenience and irreparable loss.
Procedural History
The respondents filed Complaint ULP No.122/2004 and 3/2011 before the Industrial Court, Chandrapur, alleging unfair labour practice. During pendency, they filed interim applications. The Industrial Court allowed those applications by common order dated 10/03/2011. The petitioner challenged that order by filing Writ Petition Nos.2655/2011 and 2680/2011 before the Bombay High Court, Nagpur Bench.
Acts & Sections
- Constitution of India: Articles 226, 227
- Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971:
