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CASE NO.: Appeal (civil)  1186 of 2008

PETITIONER: Sweet Confectionary

RESPONDENT: S.M. Khot & Ors.

DATE OF JUDGMENT: 08/02/2008

BENCH: C.K. THAKKER & D.K. JAIN

JUDGMENT: JUDGMENT                               O R D E R (Arising out of SLP(C) NO.  4200/2007)                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Leave granted.

       The present appeal arises out of an interim order passed by the High Court.  From th e  record, it is clear that Labour Court passed an award in favour of respondent- employees holding that provisions of Section 25-F of the Industrial Disputes Act, 1947  (for short, ‘the Act’) had not been complied with and granted relief by reinstating the  respondents herein with full back wages.  The Industrial Court confirmed that order.   Being aggrieved by the  said orders, the appellant approached the High Court by filing  the writ petition.  The High Court issued rule nisi, but rejected the  application for  stay.  The Division Bench of the High Court confirmed that order against which the  present appeal is filed by way of special leave to appeal.  Notice was issued and ad- interim stay was granted.

       Heard learned counsel for the parties.

       Learned counsel for the appellant submits that an appropriate direction may be issue d  to the High Court so that the main matter may be disposed of.  Meanwhile, ad-interim  relief granted by this Court may be continued.

..2/-

:2:           Learned counsel for the respondents, on the other hand, strongly objects to the pray er  of continuation of relief stating that if the High Court was satisfied and even if this  Court is satisfied about the prima facie case by the appellant, an appropriate relief has  to be granted to the workmen as provided under Section 17-B of the Act.

       On the facts and in the circumstances of the case and, particularly, when rule nisi  is

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issued, it would be appropriate, if we request the High Court to dispose of the  main  matter as expeditiously as possible, preferably within a period of six months.  Ordered  accordingly.    

       The High Court will, however, hear the parties and pass an appropriate order  exercising powers under  Section 17-B of the Act.                

       The appeal is disposed of without observing anything on merits.  It is open to the  parties to raise all contentions.