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2000 Supreme(Bom) 23

R.M.LODHA
H. S. T. Hedge – Appellant
Versus
Premier Automobiles Ltd. and others – Respondent


JUDGMENT - R.M. LODHA, J.:---Rule returnable forthwith. Mr. Shetty, Advocate waives service for respondents.

2.By consent, writ petition is heard finally at this stage.

3.The petitioner has filed this writ petition under Article 226 of the Constitution of India challenging the two orders passed by the Industrial Court, Mumbai on 7-12-99 whereby the said Court has ordered Complaint (U.L.P) No. 322 of 1992 and an Application (ID-A) No. 292 of 1992 to be transferred from Judge, 4th Labour Court, Mumbai to Judge 6th Labour Court, Mumbai.

4.The two orders dated 7-12-99 impugned in the present writ petition suffered from gross arbitrariness which if not set aside may demoralise the Presiding Officers of Labour Court that the cases ripe for disposal at their fag end on the application of party feeling inconvenient may be got transferred from one Labour Court to the other without valid and justifiable reasons. It is true that Industrial Court is empowered under section 45 of the Maharashtra Recognition of Trade Union and Prevention of Unfair Labour Practices Act, 1971 (for short M.R.T.U. P.U.L.P Act) to transfer the proceedings from one Labour Court to other Labour Court for its disposal b






















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