Madhya Pradesh High Court
Avtec Limited vs Avtec Evam Hindustan Motor Shramik ... on 4 August, 2020
Author: S.C.Sharma
Bench: S.C.Sharma
1 MP-2145-2020
The High Court Of Madhya Pradesh
MP-2145-2020
(AVTEC LIMITED Vs AVTEC EVAM HINDUSTAN MOTOR SHRAMIK SANGH AND OTHERS)
1
Indore, Dated : 04-08-2020
Heard through Video Conferencing.
Shri G.S. Patwardhan, Advocate for the petitioner.
Shri Dharmendra Kumar Sharma, Advocate for respondent No.1.
Shri Sharma, learned counsel has marked his presence for respondent No.1/Union. He says that he has no instructions to appear on behalf of the respondent No.2.
Shri Patwardhan, learned counsel for the petitioner has argued before this court that Industrial Tribunal has not granted any opportunity to the Management to lead the misconduct and straightaway dismissed the application. He has placed the reliance upon the judgment of the Hon'ble Supreme Court in the case of Bharat Iron Works v/s. Bhagubhai Balubhai Patel & Others, reported as AIR 1976 S.C. 98. He has been able to report the prima facie case for interim relief.
Resultantly, the operation of the impugned order shall remain stayed till the next date of hearing.
Let notice be issued to the respondent No.2 on payment of P.F. within 7 days, returnable within 4 weeks.
The respondent No.1 shall also free to file written reply, as he has marked his appearance on behalf of the respondent No.1.
List the matter on 7th September, 2020.
C.c., as per rules.
(S.C.SHARMA) (SHAILENDRA SHUKLA)
JUDGE JUDGE
SS/-
Digitally signed by Shailesh Sukhdev
Date: 04/08/2020 17:28:17