Case Note & Summary
The petitioner, Bajaj Auto Limited, challenged an interim order dated 23rd December 2005 passed by the Industrial Court, Pune, in Complaint (ULP) No.431 of 2005. The Industrial Court allowed the application for interim relief and directed the petitioner not to give effect to transfer orders dated 12th December 2005 issued to the respondent workmen until final disposal of the complaint. The factual matrix reveals that the transfer orders were the bedrock of the complaint alleging unfair labour practices. Background facts show that Writ Petition Nos.110/1998 and 6608/1999 raising industrial disputes between the parties were pending in the High Court. When those petitions came up for hearing, the petitioner sought adjournment stating that the Supreme Court was already seized of the issues and expressed desire to file a transfer application. The learned single Judge reluctantly granted adjournment imposing heavy costs. The legal issue was whether the Industrial Court was justified in granting interim relief. The court considered the submissions and found that the workmen had made out a prima facie case of unfair labour practice and the balance of convenience was in their favour. The court dismissed the writ petition, upholding the interim order.
Headnote
A) Industrial Law - Unfair Labour Practice - Transfer of Workmen - Interim Relief - Complaint (ULP) No.431/2005 - The employer transferred workmen to various depots and dealers all over India during pendency of earlier writ petitions raising industrial disputes. The Industrial Court granted interim stay on transfer orders. Held that the workmen made out a prima facie case of unfair labour practice and balance of convenience was in their favour (Paras 2-4).
Issue of Consideration
Whether the Industrial Court was justified in granting interim relief restraining the employer from giving effect to transfer orders pending final disposal of the complaint alleging unfair labour practices.
Final Decision
The High Court dismissed the writ petition, upholding the interim order of the Industrial Court.
Law Points
- Unfair labour practice
- Transfer of workmen
- Interim relief
- Prima facie case
- Balance of convenience
- Irreparable injury
- Industrial Court jurisdiction
Case Details
2006 LawText (BOM) (04) 54
Writ Petition No. 470 of 2006
J.P. Cama, senior counsel with Ms. Swati Deshpande i/b M/s. M.S. Bodhanwalla & Co. for the petitioner; S.K. Talsania, senior counsel with S.R. Nargolkar for respondent Nos.1, 13, 41 and 43
Shri Shrikant Vinayak Yogi and others
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Nature of Litigation
Writ petition challenging interim order of Industrial Court granting stay on transfer orders pending complaint of unfair labour practice.
Remedy Sought
Petitioner employer sought to set aside the interim order dated 23rd December 2005 passed by the Industrial Court, Pune, which restrained the employer from giving effect to transfer orders.
Filing Reason
The employer transferred workmen to various depots and dealers all over India, which the workmen alleged constituted unfair labour practice.
Previous Decisions
Writ Petition Nos.110/1998 and 6608/1999 raising industrial disputes between the parties were pending in the High Court. The petitioner sought adjournment to file transfer application to Supreme Court.
Issues
Whether the Industrial Court was justified in granting interim relief restraining the employer from giving effect to transfer orders pending final disposal of the complaint alleging unfair labour practices.
Submissions/Arguments
Petitioner argued that the transfer orders were valid and necessary for business exigencies.
Respondent workmen contended that the transfers were mala fide and amounted to unfair labour practice.
Ratio Decidendi
The workmen made out a prima facie case of unfair labour practice and the balance of convenience was in their favour, justifying the interim stay on transfer orders.
Judgment Excerpts
This petition is directed against the interim order dated 23rd December, 2005 passed below Exh.U-2 in Complaint (ULP) No.431 of 2005 by the Industrial Court, Pune, whereby application for interim relief came to be allowed.
The transfer orders issued to the respondents- workmen transferring them to various depots and dealers all over India are the bed-rock of Complaint (ULP) No.431/2005 alleging unfair labour practices on the part of the petitioner- employer.
Procedural History
The workmen filed Complaint (ULP) No.431/2005 before the Industrial Court, Pune, alleging unfair labour practice. The Industrial Court allowed interim relief application on 23rd December 2005. The employer challenged this order by filing Writ Petition No.470 of 2006 in the Bombay High Court.
Acts & Sections
- Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (MRTU & PULP Act):
