1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION LOD.NO.1341 OF 2008 BEST Undertaking .. Petitioner Versus BEST Workers Union .. Respondents Mr.Sudhir Talsania, Senior Advocate with D.G.Dhajure i/b. M.V.Kini & Co. for petitioner Mr.J.A.Saluja i/b. M.D.Nagle for respondent CORAM : S.C.DHARMADHIKARI, J. DATE : 7th July 2008 P.C. . The order of the Member, Industrial Court below Exh.U-2 dated 5th April 2008 in Complaint ULP No.63 of 2008 is challenged by the BEST Undertaking which is original respondent. 2. Respondent complainant filed this complaint alleging unfair labour practices under 2 Items 5 and 9 of Schedule II of M.R.T.U. and PULP Act, 1971. The allegations in complaint concerns the concessions/privileges to the Union with regard to the provisions of Libraries in 26 depots of BEST. Having perused the order passed by the Industrial Court, I am satisfied that the said order directs the petitioner undertaking to grant the facility/ privilege /concession during the pendency of the complaint. There is no dispute between the parties that this concession/previlege which was once granted has been withdrawn. By an interlocutory order the restoration is directed by the Member concerned. Both sides have filed their affidavits and at some stage I had called upon to take reasonable view of the situation and arrive at workable arrangement. However, it does not appear to be possible. Mr.Talsania, learned Senior Counsel appearing for petitioners states that there are Twenty six (26) such rooms which are used as libraries in the depots which are also Twenty Six 3 (26) in number. Out of these, at one depot one room is allotted to a Union of scheduled castes and Scheduled Tribe employees. Save and except this allotment, none of the rooms which were earlier earmarked for usage as library would be allotted to anybody including any Union until the complaint is heard and disposed of. In the light of this statement of Mr.Talsania which is accepted as an undertaking to this Court, I am of the view that interest of both sides are sufficiently protected till the complaint is heard on merits and disposed of. Needless to state that this arrangement is without prejudice to the rights and contentions of both sides. All pleas on merits are kept open and without expressing any opinion thereon, this interim order is made. The order of the Industrial Court dated 5th April 2008 stands substituted. Accordingly, the petition is disposed of. 3. Needless to state that if the petitioner 4 undertaking desires to use these spaces in the 26 depots for the Undertaking’s use, this order does not prevent the Undertaking from utilising the spaces for use of Undertaking itself. However, no allotment shall be made in favour of any third party or any Union till the complaint is heard and disposed of. (S.C.Dharmadhikari, J)