WP/7629/2010 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7629 OF 2010 Konkan Labour Union, Ratnagiri ... Petitioner V/s. Universal Chemicals & Industries Pvt. Ltd., Mumbai & Anr. ... Respondents Mr. Nitin A. Kulkarni for the Petitioner. Mr. J.P. Cama, Sr. Counsel, with Mr. K.S. Bapat i/b. Desai & Desai & Associates for the Respondents. CORAM : SMT. NISHITA MHATRE, J. DATE : 25 TH OCTOBER, 2010. P.C. : 1. The Writ Petition has been filed against the interim order dated 31st August, 2010 passed by the Industrial Court, Kolhapur below Exhibit “U-2” in Complaint (ULP) No.105 of 2010. According to the petitioner, the impugned order refusing to grant any interim relief to the petitioner qua the transfer of the workers from the factory at Lote Parshuram to Dahej in Gujarat is bad in law. 2. It is contended by the petitioner that neither the appointment order nor the standing orders nor any other WP/7629/2010 2 contract between the workmen and the respondents have any provision conferring a right on the respondents to transfer the workers to Dahej. It is also contended on behalf of the petitioner that there is no closure today of the factory at Lote Parshuram. The plant and machinery still continues to exist in the factory at that place. Therefore, according to the petitioner, if the respondents wish to start a new establishment or to shift all the workers to Dahej, it was necessary for them to close down the factory at Lote Parshuram, which they have shied away from doing. 3. In my opinion, since the impugned order dated 31st August, 2010 passed by the Industrial Court, Kolhapur, below Exhibit “U-2” in Complaint (ULP) No.105 of 2010, is an interim order, there is no need to admit the Petition. 4. However, the Complaint (ULP) No.105 of 2010 is expedited and the Industrial Court, Kolhapur will endeavour to complete the hearing of the Complaint (ULP) No.105 of 2010 within a period of six months from today. WP/7629/2010 3 5. The parties to the Complaint (ULP) No.105 of 2010 are expected to co-operate with the Industrial court, Kolhapur to ensure that this deadline is met. 6. Mr. Cama, the learned Counsel for the respondents, on instructions from Mr. Khopkar, G.M. (Technical), of the respondents, states that the respondents will not take any punitive action against the workers who do not start working at Dahej during the pendency of the Complaint (ULP) No.105 of 2010. 7. In case it is found that the transfer of the workers is malafide, the Industrial Court, Kolhapur will naturally consider whether the workers are entitled to wages for this period. 8. The Writ Petition is disposed of with the aforesaid directions.