1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 3989 OF 2010. Voltas Refrigerator Employees Union -: VERSUS :- Videocon Industries Limited and another. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : NOVEMBER 22, 2010. Heard Shri B.M. Khan, learned Counsel for Petitioner, Shri R.E. Moharir, learned Counsel for respondent no.1 and learned A.G.P. for respondent no.2. The matter arise out of complaint ULP No. 41/2008. It is not in dispute that this ULP Complaint was to be decided with ULP Complaint No.12/2008. Grievance of Shri Khan, learned Counsel for petitioner is, without proper notice to petitioners, ULP Complaint No.12/2008 came to be decided against the employees in that case. As the subject matter and controversy in both the ULP Complaint is identical, that adjudication is bound to adversely affect the present petitioner. 2 Shri Moharir, learned Counsel for employer points out that the adjudication by the Industrial Court in ULP Complaint No.12/2008 is an independent adjudication on facts arising therein. The said judgment cannot operate as res-judicata and unless and until the facts are ascertained, the same cannot be used as a precedent. He therefore, argues that the present Writ Petition as filed is misconceived. Though the subject matter of ULP Complaint is transfer, it is apparent that the ULP Complaint filed by the petitioners vide Complaint No. 41/2008 has remained pending and it is yet to be decided. The petitioners before this Court are not accepting that their ULP Complaint is already adjudicated upon because of the judgment in ULP Complaint No.12/2008. The petitioners can point out to the Industrial Court relevant facts in their matter and can also show how their case is different or requires separate adjudication. In any case when ULP Complaint is under adjudication, Industrial Court has to apply its mind afresh and deliver a judgment, after the facts are ascertained. As the petitioners before this Court are not ready and willing to accept the adjudication by the Industrial Court in ULP Complaint No. 12/2008, as adjudication in ULP Complaint No.41/2008, I am not inclined to interfere in 3 present matter at this stage. However, the issues raised by Shri Khan, learned Counsel are kept open for consideration at appropriate stage, after the facts in ULP Complaint No. 41/2008 crystallize in judgment therein. Writ Petition is accordingly disposed of, with no order as to costs. JUDGE Rgd.