1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2738 OF 2008 WITH WRIT PETITION NO.2744 OF 2008 The Municipal Corporation of Gr. Mumbai and another ..Petitioners. Vs. Mumbai Mahanagarpalika Karyalayeen Karmachari Sanghatna ..Respondent. ..... Mr. Narendra V. Walawalkar, Senior Advocate with Mr. A.J. Bhor i/b Mr. R.A. Malandkar for the Petitioners. Mr. Prakash Devdas for the Respondent. ..... CORAM: DR. D.Y. CHANDRACHUD, J. 21st April, 2008. P.C. : 1. Before the Industrial Court, the Respondent union had in complaints of unfair labour practices challenged the action of the Petitioner in reverting certain employees on the ground that they had not submitted certificates within the prescribed period of time of having passed the Marathi and English Typing Examination. The Industrial Court has allowed the application for the grant of the interim relief by an order dated 16th February, 2008. The Municipal Corporation has challenged the interim orders passed by the Industrial Court. 2 2. At the hearing of the proceedings, counsel appearing for the Municipal Corporation states that the Municipal Corporation has decided, during the pendency of the complaint of unfair labour practices not to revert those employees in the clerical cadre forming the subject matter of complaint (ULP) Nos.447 and 502 of 2007 subject to their having passed the requisite examination even if necessary documentary evidence to that effect was submitted after the prescribed date. In view of the aforesaid statement, counsel appearing for the complainant union states that the application for interim relief before the Industrial Court does not survive. It is, however, clarified on the request of counsel appearing for the Respondent union that the union would be at liberty to take out appropriate steps in accordance with law for asserting any alleged claim that it may have in respect of the commission of an unfair labour practice under items 5 and 9 of Schedule IV to the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. In view of the statement which has been made on behalf of the Municipal Corporation which has been recorded and accepted in the aforesaid terms, the judgment of the Industrial Court, Mumbai dated 16th February, 2008 shall stand set aside and be substituted 3 in terms of the aforesaid directions. All the rights and contentions of the parties are kept open to be agitated in the complaints which are pending before the Industrial Court. *****