Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO.8662 of 2005 The Chief Officer, Khopoli Municipal Council & anr. ...Petitioner V/s. J.S.Phulare ...Respondent Mr.Ravindra Nair for the Respondent CORAM CORAM CORAM : B.H.MARLAPALLE,J. : B.H.MARLAPALLE,J. : B.H.MARLAPALLE,J. DATED DATED DATED : 14th February , 2008 : 14th February , 2008 : 14th February , 2008 P.C. This petition has been filed by the Khopoli Municipal Council challenging the order passed by the Industrial Court at Thane on 6-4-2005, thereby allowing the application at Exh.U-2 filed under Section 30(2) of the MRTU & PULP Act, 1971 (the Act for short) in Complaint(ULP)No. 76/2005. By the said order the suspension order dated 31-1-2005 was directed to be withdrawn temporarily and to allow the applicant to resume his duties. This petition has been filed on 11-2-2005, there is no stay to the impugned order during the last more than 2 years. However, it is noted that in clause-2 of the operative part of the order, the learned Member of the Industrial Court proceeded to give a final declaration that the present petitioners had engaged in unfair labour practice under Item 9 of Schedule IV of the Act which declaration could have been 2 made only at the end of the trial of the complaint and not in an application filed for interim-relief. 2. Hence, it is clarified that the declaration so made by the learned Member of the Industrial Court will be treated as a prima-facie finding and the pending complaint be decided on its own merits and without being influenced by any observations made in the impugned order. To that extent the impugned order stands modified. The Complaint be heard and decided as expeditiously as possible and in any case before 31st July, 2008. 3. The petition is disposed off in terms of th above clarifications and directions. Writ to go to the Industrial Court forthwith. [B.H.MARLAPALLE,J.] [B.H.MARLAPALLE,J.] [B.H.MARLAPALLE,J.]