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1991 Supreme(Bom) 400

A.A.DESAI
Mahadeo Sitaramji Band – Appellant
Versus
Maharashtra State Road Transport Corporation, Amravati & another – Respondent


JUDGMENT - DESAI A.A., J.:—This petition by the employee is directed against order dated 24-1-1991 passed by the Industrial Court, Amravati. The question of general importance as involved is, whether the provisions of section 148-A of the Code of Civil Procedure as regards the filing of caveat has an applicability to the proceedings before the Labour and Industrial Courts.

2. The applicant was in the employment of the respondent-Transport Corporation. He was dismissed in a proceeding under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, he was directed to be reinstated with back wages by the Labour Court. The respondent-Corporation, therefore, presented a revision application before the Industrial Court and prayed for setting aside of the order. In these proceedings, the petitioner filed a caveat purported to be under section 148-A of the Civil Procedure Code.

The respondent in the revisional proceeding applied under section 30(2) of the Act, for interim stay against order of the Labour Court. The Industrial Court by order dated 9-12-1990 granted ex parte interim stay. The petitioner therefore applied for setting aside the order of s







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