WP/2560/2010 : 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2560 OF 2010 Thane Municipal Corporation, Thane .. Petitioners V/s. Municipal Labour Union, Thane .. Respondents Mr. Y.M. Pendse for the Petitioners. Smt. Neeta Karnik for the Respondents. CORAM : SMT. NISHITA MHATRE, J. DATED : 20 TH JULY, 2010. P.C.: 1. The Industrial Court, Thane, has by its impugned order dated 8th January, 2010, passed in Complaint (ULP) No.5 of 2010 below Exhibit “U-2”, granted some interim reliefs to the Respondent- Union. It has done so without there being any observations in the order that prima facie the Petitioner-Corporation has committed an unfair labour practice. 2. It has been reiterated time and again by this Court that interim relief cannot be granted unless WP/2560/2010 : 2 : there is a specific finding by the Industrial Court that prima facie the respondent in the complaint has indulged in an unfair labour practice. This does not mean that the Industrial Court has to arrive at the conclusion which indicates that the unfair labour practice has been proved to the hilt at the interim stage. It is certainly expected of the Industrial Court that it should follow the observations of this Court in its various judgments. 3. The criticism of the learned Advocate for the Petitioner of the impugned order on this ground is valid. There is no finding of the Industrial Court that the Petitioner-Corporation has indulged in unfair labour practices despite which interim relief has been granted to the Respondent-Union. In these circumstances, in my view, the order of the Industrial Court must be set aside. 4. Accordingly, the impugned order dated 8th January, 2010 passed by the Industrial Court, WP/2560/2010 : 3 : Thane, in Complaint (ULP) No.5 of 2010 below Exhibit “U-2”, is set aside. 5. The Industrial Court, Thane, will hear and decide the application at Exhibit “U-2” afresh. While deciding the same, the aforesaid observations of this Court must be borne in mind. 6. The parties will maintain status-quo as of today with respect to the work being performed by the persons listed in Annexure “A” to the Complaint (ULP) No.5 of 2010, till the application for interim relief is heard. 7. This order does not reflect at all on the findings of facts which are recorded by the Industrial Court. 8. The Writ Petition is disposed of.