1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 2223/2007 Maharashtra State Electricity Board and others ..vs.. Maharashtra State Electricity Board Workers Federation. -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- CORAM: R. V. MORE, J. DATED : 11 th February, 2008 1. Heard Mr. Moharir, Advocate for the petitioners and Mr. Marpakwar, Advocate for the respondent. 2. The petition takes exception to the interim order dated 27.02.2007, passed by Member, Industrial Court, Nagpur below application at Exh.2 in Complaint ULPA No. 22/2007. By this order, the execution and implementation of order dated 03.01.2007 issued by petitioner No.3 is stayed. 3. By order dated 03.01.2007, payment of House Rent Allowance at the rate of 15% to the members of the respondent/ union was discontinued and brought at the rate of 5% and further directions were given to recover excess payment made to them. 4. Maharashtra State Vidyut Karmachari Sanghatana filed complaint ULPA No. 162/2007 before the Industrial Court, 2 Nagpur and challenged the Correction Slip No. 26 dated 27.01.2000 under which the H.R.A. was reduced to 5%. In this complaint, the above said Union filed application for interim stay under Section 30 (2) of the Maharashtra Recognition of Trade Union and Prevention of Unfair Labour Practices Act to the said Correction Slip No. 26. The Industrial Court granted stay and the petitioner being aggrieved thereby preferred Writ Petition No. 92/2008. This Court admitted the aforesaid writ petition and was pleased to grant stay to the above said order of the Industrial Court. The subject matter pertaining to Writ Petition No. 92/2008 and in the present petition is one and the same. 5. In that view of the matter, learned counsel for the parties agree for disposal of the Complaint ULPA No. 22/2007 by keeping the status quo in operation as on today. 6. In the result, I dispose of the petition by passing the following order. (i) The learned Member, Industrial Court at Nagpur is directed to hear and dispose of the Complaint ULPA No. 3 22/2007 along with Complaint ULPA No. 162/2007 as expeditiously as possible and in any case within a period of one year from the date of receipt of this order. (ii) During the pendency and final disposal of the Complaint ULPA No. 22/2007 and Complaint ULPA No. 162/2007, the petitioner shall not recover the amount already paid to the members of the respondent-Union by way of H.R.A. and C.L.A. (iii) It is made clear that during the pendency of above complaints the employees of the respondent union are entitled to receive H.R.A. in accordance with the Correction Slip No. 26 issued by the petitioner. (iv) The impugned order stands modified accordingly. The writ petition stands disposed of with no order as to costs. JUDGE kahale