1 WP-7413-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION WRIT PETITION NO.7413 OF 2011 Executive Engineer, Maharashtra Jeevan Pradhikaran ..Petitioner Vs Yunus Hasan Shaikh ..Respondent -- Mr.A.R.Pitale, for petitioner. -- CORAM : R.G.KETKAR, J. DATE : 10 th OCTOBER, 2011 P.C.: Heard Mr.Pitale, learned counsel for the petitioner. By this petition, the petitioners challenged the judgment and award dated 21 st April, 2007 passed by the learned Judge of the Labour Court-2, Pune in Reference (IDA) No.175 of 2003. The petitioner has also challenged the judgment and order dated 24 th June, 2010 passed by the Member, Industrial Court, Pune below exhibit U-2 in Complaint (ULP) No.164 of 2008. 2 WP-7413-11.sxw 2] By judgment and order dated 21 st April, 2007, the Labour Court allowed the Reference and directed the petitioner herein to reinstate the respondent with continuity of service and full back wages with effect from 3 rd April, 1999. The petitioner filed application being Misc. Application (IDA) No.39 of 2007 for setting aside the said award dated 21 st April, 2007 on the ground that the same is ex-parte. The said application was filed on 12 th August, 2007. On 10 th August, 2008, the said application was dismissed in default. The respondent, thereafter, filed complaint (ULP) No.164 of 2008 under the provisions of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (for short “the Act”) on the ground that the petitioner herein has committed unfair labour practice by not implementing the award dated 21 st April, 2007 passed by the Labour Court. By the impugned judgment and order dated 24 th June, 2010, the learned Member of the Industrial Court directed the petitioners herein to implement the said award. The respondent, thereafter, filed Criminal Complaint (ULP) No.20 of 2010 under Section 48(1) of the Act. Pursuant thereto, summons was issued by the IIIrd Labour Court, Pune on 2 nd April, 2011. 3 WP-7413-11.sxw 3] It is not in dispute that the Reference (IDA) No.175 of 2003 was allowed by the Labour Court on 21 st April, 2007. It is also not in dispute that the petitioner herein made an application being Misc. Application (IDA) No.39 of 2007 on 3 rd August, 2007 contending inter alia that that the award dated 21 st April, 2007 which was published on 5 th July, 2007 was an ex-parte award. The said application was, however, dismissed in default on 10 th August, 2008. The petitioner has not made any application for recalling the order dated 10 th August, 2008 and for restoration of Misc. Application (IDA) No.39 of 2007. It is, therefore, not possible to entertain this petition at this stage. 4] Mr.Pitale states that within two weeks from today, he will make an application in the Labour Court, Pune for recalling order dated 10 th August, 2008 and for restoration of Misc. Application (IDA) No.39 of 2007. He, therefore, prays that in order to enable the petitioner to take out appropriate application, the proceeding of Criminal Complaint (ULP) No.20 of 2010 may be stayed for a period of four weeks from today. 4 WP-7413-11.sxw 5] In the circumstances of the case, I find that the request made by the learned counsel for the petitioner is reasonable. In my opinion, the ends of justice would be met by disposing of the petition in the following terms:- (a) The petitioner is at liberty to take out appropriate application for recalling order dated 10 th August, 2008 for restoration of Misc. Application (IDA) No.39 of 2007 within a period of two weeks from today. (b) The further proceedings pending before the IIIrd Labour Court, Pune in Criminal Complaint (ULP) No.20 of 2010 shall remain stayed for a period of four weeks from today. (c) The petitioner is at liberty to take out appropriate application before the Labour Court for interim reliefs. (d) All contentions of both sides are expressly kept open. [R.G.KETKAR, J.]