V. P. MOHAN KUMAR, J.

( 1 ) THE short question that arises for consideration is, at what stage interim relief can be awarded to a dismissed employee while a labour dispute is pending adjudication before the Labour Court/industrial Tribunal as the case may be. The following observation made by this Court in T. T. Ltd. , v. R. Subramanian and Another 77 FJR 153 is the foundation for the said contention:"the management contended before the tribunal that the ratio of the decision in mysore Cements' case, 1985 (67) FJR 136 was that the Labour Court had the jurisdiction to grant interim relief only from or after the date on which the domestic inquiry was held to be invalid. The learned judge rejected this contention holding that that was not the ratio in Mysore Cements case, (supra ). We are in respectful agreement with the view taken by the learned Judge. In the Mysore Cements case (supra), this Court held that when an application for interim relief is made by a workman during the pendency of an industrial dispute, the Labour Court, in the first instance, should consider as to whether the domestic inquiry was valid or invalid and thereafter proceed to grant the relief if the domestic inquiry was invalid according to the said decision, interim relief should be granted after recording a finding that the domestic inquiry was invalid. "the facts in this case are not in dispute. The workers in question were dismissed from service. A Charter of Demand was submitted by the workers union demanding certain benefits such as revision of pay etc. , etc. pending the adjudication of that dispute, the Workers in question were dismissed. Validity of the dismissal became subject matter of adjudication. The management contended inter alia that the workers were dismissed after a fair and proper domestic enquiry. Thereupon the workers disputed the validity of the domestic enquiry and an issue was raised as to whether the domestic enquiry is fair and proper. Before adjudication of the said question an application was made by the Union for payment of interim relief to the dismissed workers. The management contended inter alia that unless and until the tribunal held that the domestic enquiry to be invalid, interim relief cannot be granted. Tribunal considered the said application and over ruling the objection passed the order awarding interim relief which is impugned in the present proceedings. It held that the workers are entitled for interim relief. That order was unsuccessfully challenged before the learned single judge. The learned single Judge, by a considered order, dismissed the W. P. Hence the appeal.

( 2 ) THE question that has been urged is that before the validity of the domestic enquiry is considered and decided and unless the same has been held to be invalid an application for interim relief could not be entertained nor awarded. The adjudication of the question of domestic enquiry in favour of the worker is a prerequisite for the award of any interim relief, it is contended. The argument in other words is that the award of interim relief is dependant on the finding on the validity of the domestic enquiry. The learned Judge rejected the argument and affirmed the order of the industrial Tribunal.

( 3 ) WE have heard Mr. B. C. Prabhakar, learned counsel for the appellant at length as also Mr. M. C. Narasimhan, learned counsel appearing for the first respondent Union. We are not in any way persuaded to hold that the judgment under challenge calls for interference in any manner.

( 4 ) MR. Prabhakar, learned counsel formulated the following questions for our consideration. " (1) Stage at which the Interim Relief application should be taken up for consideration? (2) When an Application for Interim Relief is made by a workman during the pendency of an Industrial Dispute, the Labour Court, in the first instance, should consider as to whether the Domestic Enquiry was valid or invalid and thereafter proceed to grant the relief only if the Domestic Enqu

Click Here to Read the rest of this document