2707cwp431.07+1.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR CRI. WRIT PETITIONS NO. 431 & 432 OF 2007 Sudhakarpant Paricharak & others vs. Gulab Baburao Badane/Prabhakar Nikhare ----------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------- Shri V. G. Wankhede, Advocate for the applicants. Shri S. N. Dandekar, Advocate for respondent. CORAM:- R. Y. GANOO, J. DATED :- 27TH JULY, 2009. 1. Heard learned Advocate from both sides. 2. According to the respondents the order passed by the member, Industrial Court was not complied with and this is how a criminal complaint (ULPA) No. 7 of 2007 has been filed in accordance with the provisions of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act. 3. The learned Labour Court, Nagpur has issued a notice dated 07/6/2007 calling upon the petitioner to remain present before him on 06/7/2007 in connection with the said complaint. This action is sought to be challenged by the petitioner by filing the present proceedings. 4. The learned Labour Court has merely issued a notice asking the petitioner to remain present and he wants that 2707cwp431.07+1.odt 2/2 the petitioner should answer to the material questions and produce all books, documents, etc. In my view, institution of this proceeding is premature and the petitioner is required to appear before the concerned Labour Judge and comply with notice dated 07/6/2007 and attend to the said notice so that the learned Labour Judge will be able to proceed in the said criminal ULPA No. 7 of 2007. 5. In view of the above, the petitioner is directed to appear before the Judge, Labour Court in connection with Criminal ULPA No. 7 of 2007 on 11/8/2009. The petitioner will be at liberty to raise all contentions in connection with the notice issued to him and that the learned Judge, Labour Court shall deal with the said complaint in accordance with the provisions of law. 7. All contentions are kept open and this Court has not expressed any view on merits of the matter. 8. Both the petition are disposed of in the above terms. CRI. APPLICATION NOS. 901 & 902 OF 2009 : In view of the above order in main petition, both the applications are disposed of with no orders. JUDGE wwl