1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. WRIT PETITION NO.2098 OF 2009 Mukund G. Yewale and another ..Petitioners. Vs. Colaba Central Co-op. Consumer Wholesale & Retail Stores Limited and others ..Respondents. .... Mr. N.M. Ganguli for the Petitioners. Mr. J.P. Cama, Senior Advocate with Ms Pallavi Dedhia i/b Sanjay Udeshi & Co. for Respondent No.1. .... CORAM: DR. D.Y. CHANDRACHUD, J. 24th November, 2009. P.C. : 1. In the complaint of unfair labour practices the application for the grant of interim relief was for restraining the management from holding an examination for effecting promotions from the post of supervisor to the post of departmental manager. The Industrial Court declined to grant interim relief holding that the workmen had failed to establish that there was any intention on the part of the management to supersede seniors or to appoint less meritorious 2 persons. Counsel appearing on behalf of the Petitioner submitted that an interim protection ought to have been granted. The Industrial Court has furnished cogent reasons for declining interim relief at this stage. Should the complaint of unfair labour practices succeed before the Industrial Court, it is always open to the Court to modulate the reliefs subject to there being a duly constituted challenge which is tenable in law. Counsel appearing on behalf of the management urges that in any event it would not be open to the Industrial Court while exercising its jurisdiction in such a complaint to set aside promotions to the managerial cadre. Undoubtedly the grievance of the management should be duly considered as to whether any case for the grant of final relief has been made. Insofar as the interlocutory order of the Industrial Court is concerned, no case is made out. The Petition is dismissed. 2. Both counsel appearing for the management and the workmen have agreed that parties shall co-operate in the expeditious disposal of the complaint by the Industrial Court. Parties shall apply 3 before the Industrial Court on the next date of hearing for setting out a time schedule for the expeditious disposal of the complaint. The Industrial Court may consider such a request subject to the exigencies of its work. ****