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As per case facts, a complaint was filed by the Respondents before the Industrial Court alleging unfair labor practices and seeking reliefs. The Industrial Tribunal granted interim relief, directing the
...Appellant Company to provide work and pay wages to workmen during the pendency of the complaint, citing Section 33(1) of the Industrial Disputes Act. The Management challenged this order via a Writ Petition, which was dismissed by the High Court. The question arose whether the Industrial Tribunal could grant interim relief, directing employment and wages, when the employer-employee relationship was disputed and the workers' status was yet to be established. Finally, the Supreme Court found the interim relief granted by the Industrial Tribunal and High Court unsustainable. The Court stated that such relief virtually prejudged the main dispute regarding the employer-employee relationship and the sham nature of contracts. The Court set aside the impugned orders and granted liberty to the workmen to pray for an interim measure in terms of the SAIL judgment before the Industrial Court, allowing the Industrial Court to adjudicate the sham or genuine nature of the contracts first.
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