S.C. Dharmadhikari, J.

Heard both sides. Mr. Shukla who appeared before this Court on earlier occasion had waived service for respondent. With their consent petition was heard finally and was reserved for orders. Accordingly it has been placed today for orders.

2. The petition is directed against an interlocutory order passed by the learned Judge of the 2nd Labour Court, Mumbai dated February 20, 2008 in complaint (ULP) No. 273/2004. An application was made during the course of hearing of the complaint (U-8) by the respondent workman, upon which a reply was filed by the petitioner, which was taken on record and marked as Exhibit C-12.

3. Complaint is at the instance of the workman alleging unfair labour practice under M.R.T.U. and PULP Act, 1971. It is not necessary to make a detailed reference to the allegations in the complaint and the unfair labour practice alleged inasmuch as the controversy before the Court below in the above application was very limited.

4. Suffice it to state that the petitioner runs a hotel/lodging boarding business. The respondent was its employee. A show cause notice came to be issued to him on June 2, 2004 alleging serious acts of misconduct. A