1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO.58 OF 2010 IN WRIT PETITION NO.296 OF 2010 Electropneumatics and Hydraulics (India) Pvt. Ltd. And Ors. .. Appellants Vs. Bhartiya Kamgar Karmachari Mahasangh and Anr. .. Respondents Mr.K.M. Naik a/w Mr.Sujeet Salkar for the appellants Mr.R.S.Pai with Mr.T.R.Yadav for the respondents CORAM : J. N. Patel, Acting C.J. & S.C.Dharmadhikari, J. DATE : May 4, 2010 P.C. : 1. Heard the learned counsel for the parties. 2. The appellants / employers have preferred this appeal being aggrieved by the interim order passed by the Industrial Court Maharashtra at Pune below Exhibit U-2 which was impugned in writ petition wherein the learned single Judge refused to interfere thereby dismissing the petition. 2 3. On 20.04.2010 this court after hearing the learned counsel for the parties and considering the facts and circumstances of the case directed the Industrial Court, Pune to appoint an Investigating Officer and directed him to remain present at the work place of the appellant company on 23.04.2010 at 8.30 a.m. and the Investigating Officer shall submit his report to the Industrial Court as well as this court on or before 30.04.2010. Accordingly, the report of the Investigating Officer is placed before this court as well as the same is also submitted to the Industrial Court. 4. On going through the report of the Investigating Officer, we are of the view that the complaint filed by the respondents deserves to be considered on merits by giving opportunities to the parties to lead necessary evidence. In the meantime, we modify the interim order passed by the Industrial Court and direct the appellant / employer to deposit all arrears of wages from the date of the complaint on or before 31.05.2010. On such wages being deposited in Industrial Court, the workmen would be entitled to withdraw 50% of the wages on furnishing security to the satisfaction of the Industrial Court. We further make it clear that in view of the report of the Investigating Officer that the workmen are ready and willing to work till the complaint is finally disposed of, the appellant / employer would continue to provide regular work to the respondent workmen who shall report at the establishment and discharge their normal duties and would not cause disruption of the work. 3 5. The prosecution of criminal complaints filed by the respondent / workmen of the appellants and so also the application for recovery of the dues is stayed till the decision of the complaint filed by the Industrial Court 6. The learned counsel for the parties state that they shall cooperate with the Industrial court for expeditious disposal of the complaint. We, therefore, direct the Industrial Court to dispose of the complaint as expeditiously as possible preferably on or before 30.09.2010. 7. The Criminal Complaint as well as all Misc.Applications would be subject to the final decision of the complaint by the Industrial Court. 8. The appeal stands disposed of accordingly. There is no order as to costs. ACTING CHIEF JUSTICE S.C. DHARMADHIKARI, J