1 Lpa112-11 dmt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO. 112 OF 2011 IN WRIT PETITION NO. 3260 OF 2011 Sarva Shramik Sangh. .... Appellant. vs. Indian Oil Corporation. .... Respondent. Ms. Nayana Buch i/by S.K. More for Appellant. Mr. K.P. Anilkumar for Respondent. CORAM : P.B. MAJMUDAR & A.A. SAYED, JJ. DATE : 15TH JUNE, 2011. P.C. This appeal is directed against the ad-interim order passed by the learned Single Judge dated 25.04.2011 in Writ Petition No. 3260. By the impugned order the learned Single Judge while admitting the writ petition filed by the respondent Corporation has stayed the order passed by the Presiding Officer , CGIT NO. 2 at Mumbai below Exhibit – 10 in Reference CGIT-2/61 OF 2009. 2. Ms. Buch, the learned counsel appearing for the appellant union 2 Lpa112-11 vehemently submitted that by virtue of the impugned order the concerned employees are out of job and they are facing starvation. Mr. Anilkumar, the learned counsel for the respondent however submitted that even on the date on which the impugned order was passed, the employees were out of job. According to him, they are out of job since August, 2010. Ms. Buch, the learned counsel for the appellant submitted that in any case the management is required to be directed to give the benefits under Section 17-B of the Industrial Disputes Act, 1947 to the concerned employees as by the impugned order, order of reinstatement is passed. Mr. Anilkumar, the learned counsel for the respondent however submitted that such an order cannot be passed as section 17-B of the Industrial Disputes Act, 1947 is not applicable in the facts of the present case. It is not necessary to decide this controversy at this stage as the question of confirmation of the ad- interim order is pending before the learned Single Judge. It is true that as argued by Ms. Buch that normally the question of interim relief is to be decided in a case like this without further delay as it will have serious consequences so far as the workmen and the union are concerned as, according to her, they are out of job. 3. Be that as it may. Since the appeal is filed against the ad-interim order, it will not be proper to entertain such an appeal. Instead, we direct the learned Single Judge to dispose of the matter in connection with the interim relief at the earliest and preferably within a period of four weeks from today. It is submitted by both the counsel that the matter is kept by the learned Single Judge after two weeks. We request the learned Single Judge to try to decide the 3 Lpa112-11 application for interim relief, if possible, by the next date. 4. The questions raised by both the sides in this appeal are kept open for the purpose of agitating the same before the learned Single Judge. 5. Subject to what is stated above, this Letters Patent Appeal stands disposed of. 6. In view of the disposal of the appeal, the Civil Application does not survive. The same stands dismissed. (A.A. SAYED, J.) (P.B. MAJMUDAR, J.)