JUDGMENT - M.L. PENDSE, J.:---The question which falls for determination in this appeal is whether the Labour Court can entertain complaint of an employee under Item 1 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as "the Act") before the employer had discharged or dismissed the employee. The question requires critical evaluation as the issue arises in large number of complaints pending before the Labour Courts. The facts which gave rise to filing of the appeal are required to be briefly stated to appreciate the circumstances in which the issue.

2. Appellant No. 1 is employed by respondent No. 2 Company and the appellant is a member of the Maharashtra General Kamgar Union. The company served charge-sheet upon appellant No. 1 to show cause why the appellant should not be dismissed from employment for certain misconduct. Appellant No. 1 instituted complaint (UPL) No. 90 of 1989 before the presiding Officer, 1st Labour Court at Bombay alleging that respondent No. 2 is engaged in commission of unfair labour practice under Item No. 1 of Schedule IV of the Act. Appellant No. 1 complained that in p

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