Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.5449 OF 2016
(Arising out of SLP ( C) No. 34742 of 2015)
SARVA SHRAMIK SANGHATANA APPELLANT
VERSUS
M/S. INTERIM INTERNATIONAL REMOVALS
DIVISION OF FREIGHT SYSTEMS (INDIA)
PVT. LTD. RESPONDENT
J U D G M E N T
KURIAN,J.
1. Leave granted.
2. The appellant is before this Court challenging an
interim order passed by the High Court of Judicature at
Bombay in Writ Petition No.4203 of 2015. The said Writ
Petition is filed by the Respondent No.1 challenging an
JUDGMENT
interim order dated 26.02.2015 passed by the Industrial
Tribunal, Mumbai whereby an increase to the tune of
Rs.3,000/- in the wages to the workmen has been awarded by
an interim measure. That order has been stayed by the High
th
Court as per the impugned interim order dated 6 May, 2015.
3. The learned counsel for the appellant submits that the
increase is nominal and the workmen have been pursuing
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their grievances for quite long and hence, the interim
order of the Industrial Tribunal may not be disturbed. It
is also submitted that the interim order passed by the
Industrial Tribunal may not be disturbed since it is
subject to the final award to be passed by the Industrial
Tribunal.
4. However, having regard to the fact that the reference
has been pending before the Industrial Tribunal, Mumbai
since 2013, we are of the view that the interest of justice
would be advanced, if a direction is issued to the
Industrial Tribunal, Mumbai to decide the reference itself
expeditiously.
5. In that view of the matter, we are not inclined to
interfere with the interim order dated 06.05.2015 passed by
JUDGMENT
the High Court. We dispose of this appeal with a direction
to the Industrial Tribunal, Mumbai to decide the reference
expeditiously, preferably before the end of this year.
6. The interim order dated 26.02.2015 passed by the High
Court will continue till the reference is decided by the
Industrial Tribunal, Mumbai.
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7. The submission of learned counsel on both sides that
they will co-operate with the expeditious disposal of the
reference is recorded.
8. In view of the direction as above, nothing survives in
the Writ Petition (C) No.4203 of 2015 before the High Court
and hence, the same is also disposed of.
9. The Registry will communicate the copy of this order to
the High Court.
...................J.
[KURIAN JOSEPH]
....................J.
[ROHINTON FALI NARIMAN]
NEW DELHI;
JULY 01, 2016
JUDGMENT
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