Page 1

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

1

Page 2

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.

2

Page 3

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

3