WP/10444/2009 : 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10444 OF 2009 Innovassynth Technologies (I) Ltd. Kamgar Sanghatna ... Petitioner V/s. M/s.Innovassynth Technologies Pvt. Ltd. & Ors. ... Respondents Mrs.Neeta Karnik for Petitioner Mr.J.P. Cama a/w P.C. Pawaskar for Respondent Nos.1, 2 & 3 Respondent No.4 – formal party CORAM: SMT.NISHITA MHATRE, J. DATED: OCTOBER 6, 2010 P.C.: 1. Rule. Rule made returnable forthwith by consent. 2. The Petition has been filed against the order of the Industrial Court dated 20.8.2009. By this order, the interim application filed by the petitioner has been dismissed. The petitioner which is a union representing the workmen employed with the respondents contends that the respondents have engaged in unfair labour practices under Items 1(a), (b), (d) of Shedule II and Items 2, 5, 9 and 10 of Schedule IV of the MRTU & PULP Act. The main grievance of the complainant i.e. the petitioner union was that the respondents have directed the workers to vacate the residential quarters given to them, thereby unilaterally withdrawing a service WP/10444/2009 : 2 : condition. It is contended on behalf of the petitioner that these quarters have been allotted to the workers as a part of their service conditions and, therefore, before they are asked to vacate the service quarters, the employer must provide them alternate quarters. 3. It is the case of the respondents that they need the land on which these quarters are situated as they wish to sell the same. It is further submitted that by an agreement entered into by the employer with individual workmen, the latter have agreed to hand over vacant possession of the quarters on a demand from the employer. The agreement is termed as “leave and licence agreement”. It is also submitted on behalf of the respondents that an undertaking has been furnished by those workmen who have been allotted quarters on the premises in which each of them have undertaken to hand over vacant possession of the accommodation after the resignations / termination or cessation of employment for any reason. It is submitted on behalf of the respondents that this undertaking is a part of the letter of allotment in which the company has reserved the right to make any alternations or totally withdraw the accommodation facility provided to the workmen, without assigning any reasons whatsoever. 4. On a perusal of the undertaking, I find that prima facie it is limited only to the handing over vacant possession of the premises on the resignation or termination or cessation of employment. Prima facie, there does not appear to be any indication in the undertaking that the workmen would vacate the quarters for any other reason. Furthermore, the agreement is termed as a leave and licence agreement. Therefore, it would be necessary for the respondent company to adopt appropriate proceedings in accordance with law to have that leave and licence agreement implemented. WP/10444/2009 : 3 : 5. The complaint is pending and the Petitioner's evidence has been led and closed. The matter is now fixed today for leading evidence of the employer. In such circumstances, in my view, it would be appropriate to grant interim relief to the petitioner. A prima facie case has been made out by the petitioner that the allotment of the quarters was by way of a service condition. 6. In these circumstances, status quo as of today be maintained with respect to the service quarters. The complaint will be heard and disposed of finally within two months from today. 7. Writ Petition is disposed of accordingly.