CAW/2762/2010 : 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2762 OF 2010 IN WRIT PETITION NO.5553 OF 2010 Maharashtra Shramik Sena ... Applicant V/s. Bhikusa Papers Pvt. Ltd. & anr. ... Respondents Mr.V.A. Pai for Applicant Mr.K.S. Bapat for Respondent No.1 CORAM: SMT.NISHITA MHATRE, J. DATED: DECEMBER 6, 2010 P.C.: 1. The civil application has been filed for interim relief i.e. to restrain the respondent company from starting production in the factory by employing fresh employees. The complaint filed by the petitioner union alleges that the company has indulged in unfair labour practices under Items 1(a), (b), 2(a), (b), 3, 4(b) and 5 of Schedule II of the MRTU & PULP Act. The relief sought in the civil application is essentially in respect of Item 8 of Schedule IV. The complaint not having been filed under this Item in my opinion the civil application cannot be granted at this stage when the complaint is still pending. 2. Mr.Pai, appearing for the Respondent union, states that all the workers are willing to work by withdrawing the strike, however, the employer has prevented them CAW/2762/2010 : 2 : from doing so. According to Mr.Bapat, none of the workers have reported for duty, however, those who wish to report for duty will be taken into service after they submit a good conduct bond. He submits that the employer is not willing to take back nine workmen who are allegedly the office bearers of the union in service even if the strike is withdrawn, since they have been dismissed after holding domestic enquiries. 3. Civil application is accordingly dismissed.