1. Heard Mr D.M. Devnani, learned Advocate for the petitioner.
2. It is submitted that by an award passed in LCJ No.26/97 dated 11.3.2003, the Labour Court allowed the Reference partially by awarding reinstatement of the applicant with 50% backwages, which came to be challenged by respondent No.2 by filing Special Civil Application No.10367 of 2003 and this Court stayed the award but directed respondent No.2 to comply with provisions of section 17B of the Industrial Disputes Act, 19478. The relationship between the applicant and the respondent No.2 as employee and employer continues and, therefore, the impugned complaint be stayed.
3. Considering the above facts and circumstances of the case and perusal of the record, issue NOTICE returnable on 07th July, 2010. Meanwhile Ad-interim relief in terms of para 16 [c]. Direct Service is permitted.
[ANANT S DAVE, J.] msp Top