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2001 Supreme(Kar) 68

N.S.VEERABHADRAIAH, V.P.MOHAN KUMAR
MANAGEMENT OF KANORIA INDUSTRIES LIMITED – Appellant
Versus
BAGALKOT CEMENT COMPANY WORKERS UNION – Respondent


Advocates:
B.C.PRABHAKAR, M.C.Narasimhan

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 in












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