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Judgment
Narendra Kumar Jain, J.—Heard learned Counsel for the parties.
The respondent No. 2 Smt. Kamal Jain moved an application before the Industrial Tribunal, Jaipur u/s 33A of the Industrial Disputes Act and during the pendency of that application, she moved another application for grant of subsistence allowance during the pendency of the main application u/s 33A of the Act. The Tribunal allowed the application vide impugned order dated 27th August, 2001 and directed the petitioners to pay the subsistence allowance as an interim relief from the date of application. The said interim order is under challenge in this writ petition preferred on behalf of the management/petitioners.
This Court vide order dated 27th January, 2003 stayed the operation of the impugned order dated 27th August, 2001. An application was filed by the respondent for vacation of ex-parte interim stay order on 13th August, 2003, but the ex-parte stay order was not vacated and the same was extended by this Court vide order dated 9th September, 2003. Hence the interim order passed by this Court dated 27th January, 2003 is still in force.
The writ petition is directed against the interim order dated 27th August, 2001 passed by the Industrial Tribunal and stay order dated 27th January, 2003 passed by this Court has not been vacated so far in last more than 6 years, therefore, I think it fit and proper to decide the writ petition itself finally with a direction to Industrial Tribunal to decide the main application u/s 33A of the Industrial Disputes Act, itself.
Consequently, the writ petition is disposed of with a direction to the Industrial Tribunal, Jaipur to decide the main application filed by the respondent No. 2 Smt. Kamal Jain u/s 33A of the Act, as soon as possible but not later than the period of six months from the date of receipt of order of this Court. Meanwhile the stay order passed by this Court dated 27th January, 2003 shall remain in force during the pendency of the application u/s 33A of the I.D. Act.
In view of above, the stay application as well as the application for vacation of stay order, both, stand disposed of.
The cost is made easy.
A copy of this order may be sent for compliance to the Industrial Tribunal, Jaipur.