1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.292 OF 2009 IN WRIT PETITION NO. 668 OF 2009 ... Killick & Allied Companies Employee s Union & ors. ...Appellants v/s. Killick Nixon Ltd. & Ors. ...Respondents ... Mr.N.M.Ganguli for the Appellants. Mr.A.M.Nathani with Mr.Y.J.Singh for Respondents Nos. 1 to 3. ... CORAM: D.K.DESHMUKH, & R.G.KETKAR, JJ DATED: 31th August, 2009 P.C.: Admit. Heard finally by consent of parties. 2. Two writ petitions were filed in the High Court before the learned single Judge 2 challenging the same order passed by the Industrial Court. The order is dated 16-1-2009. Present Appellants were Petitioners in Writ Petition No.668 of 2009 and the Respondent-employer was Petitioner in Writ Petition No.933 of 2009. By order dated 8th May, 2009, the learned single Judge admitted both the petitions for final hearing and has granted interim relief. The present appeal is filed by the Union, which was Petitioner in Writ Petition No.668 of 2009 challenging the part of the interim order passed by the learned single Judge. The operative part of the order of the Industrial Court dated 16-1-2009, which is impugned in the above referred two writ petitions reads as under: O R D E R 1. Complaint (ULP) Nos.72 of 3 2006, 363 of 2006, 306 of 2007 and 320 of 2007 are hereby disposed of with direction to the respondent to pay all the legal dues including retrenchment compensation, gratuity and other legal dues to which the employees involved in all the four complaints are entitled till the dated of this order, within 90 days from the date of receipt of this order. 2. The employees involved in all these four complaints are at liberty to approach the appropriate forum for claiming wages for the lay off period. 3. Parties to bear their own costs. 4 3. The interim order passed by the learned single Judge in so far it is relevant for our purpose is contained in paragraph 3 of the order dated 8th May, 2009. It reads as under: 3. In so far as interim relied is concerned, the operative order passed by the Industrial Court directing the Management to pay all the legal dues including retrenchment compensation, gratuity and other legal dues to the employees involved in the four complaints as it they were in service on the date of the order, is stayed. This interim relied, however, shall not preclude the concerned employees to apply before appropriate forum for grant of lay-off allowance, if so advised. 5 That proceedings will have to be decided on its own merits in accordance with law. 4. By the interim order the learned single Judge has granted blanket stay to the order of the Industrial Court in relation to payment of legal dues. In our opinion, it is obvious that as the learned single Judge admitted both the petitions for final hearing, according to the learned single Judge both the Union as well as the Employer made out a prima facie case against the impugned order. But that, in our opinion, was not enough for the learned single Judge to grant blanket interim relief totally absolving the employer even from depositing the amount that he was directed to pay to the employees. In our opinion, it was necessary for the learned single Judge while 6 granting stay of the order impugned in the petitions to secure the amount which is directed to be paid by the impugned order, so that the Union would be able to recover the amount in the event the petition of the employer fails. At the time of making interim order the court should make an endeavour to protect the interest of both sides involved. Because interim order is made on the basis of prima facie view, which view may be changed at the final hearing. 5. Taking overall view of the matter, therefore, in our opinion, following order would meet the ends of justice. O R D E R (i)The interim order granted by the learned single Judge dated 8th May, 2009 passed in 7 Writ Petition No.668 of 2009 and Writ Petition No.993 of 2009 shall operate subject to the conditions that within a period of eight weeks from today the Employer, who is Petitioner in Writ Petition No.933 of 2009, shall deposit the amount which he has been directed to pay by Clause 1 of the operative part of the order impugned in the Writ Petitions in this court. (ii) The employer while depositing the amount shall give due intimation of the same to the Union, which is Petitioner in Writ Petition No.668 of 2009. (iii) The employer while depositing the amount shall also submit the calculations on the basis of which the amount is arrived at by the employer. (iv) If the Union has any grievance about the quantum of the amount, the Union 8 shall be entitled to lodge its objection and in such event the objection shall be placed before the learned single Judge for appropriate order. (v) If the amount is not deposited within the aforesaid period of eight weeks, the the order passed by the learned single Judge shall stand vacated without any further reference to the court. (vi) In case the amount is deposited as aforesaid, the Union shall be at liberty to apply to the learned single Judge for appropriate order. (D.K.DESHMUKH, J.) (R.G.KETKAR, J.)