SARVA SHRAMIK SANGHATANA Vs. M/S. INTERIM INTERNATIONAL REMOVALS DIVISION OF FREIGHT SYSTEMS (INDIA) PVT. LTD

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 5449 of 2016, Judgment Date: Jul 01, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO.5449 OF 2016
                 (Arising out of SLP ( C) No. 34742 of 2015)


      SARVA SHRAMIK SANGHATANA                           APPELLANT

                                VERSUS

      M/S. INTERIM INTERNATIONAL REMOVALS
     DIVISION OF FREIGHT SYSTEMS (INDIA)
     PVT. LTD.                                          RESPONDENT


                            J U D G M E N T

      KURIAN,J.

      1.    Leave granted.

2.    The appellant is  before  this  Court  challenging  an  interim  order
passed by the High Court of Judicature at Bombay in  Writ  Petition  No.4203
of  2015.   The  said  Writ  Petition  is  filed  by  the  Respondent   No.1
challenging an interim order  dated  26.02.2015  passed  by  the  Industrial
Tribunal, Mumbai whereby an increase to the tune of Rs.3,000/- in the  wages
to the workmen has been awarded by an interim measure.  That order has  been
stayed by the High Court as per the impugned interim order  dated  6th  May,
2015.

3.    The learned counsel for the appellant submits  that  the  increase  is
nominal  and  the  workmen  have  been pursuing

their grievances  for  quite  long and  hence,  the  interim  order  of  the
Industrial Tribunal may not be disturbed. It  is  also  submitted  that  the
interim order passed by the Industrial Tribunal may not be  disturbed  since
it is subject to the final award  to be passed by the  Industrial  Tribunal.

4.    However, having regard  to  the  fact  that  the  reference  has  been
pending before the Industrial Tribunal, Mumbai since 2013,  we  are  of  the
view that the interest of justice would  be  advanced,  if  a  direction  is
issued to the Industrial Tribunal, Mumbai to  decide  the  reference  itself
expeditiously.

5.    In that view of the matter, we are not inclined to interfere with  the
interim order dated 06.05.2015 passed by the  High  Court.   We  dispose  of
this appeal with a direction to the Industrial Tribunal,  Mumbai  to  decide
the reference expeditiously, preferably before the end of this year.

6.     The interim order dated 26.02.2015 passed  by  the  High  Court  will
continue till the reference is decided by the Industrial Tribunal, Mumbai.


7.    The submission of learned counsel on both sides  that  they  will  co-
operate with the expeditious disposal of the reference is recorded.

8.    In view of the direction  as  above,  nothing  survives  in  the  Writ
Petition (C) No.4203 of 2015 before the High Court and hence,  the  same  is
also disposed of.

9.    The Registry will communicate the copy  of  this  order  to  the  High
Court.

                                                      ...................J.
                                                         [KURIAN JOSEPH]


                                                      ....................J.
                                                  [ROHINTON FALI NARIMAN]
 NEW DELHI;
 JULY 01, 2016