Interim Relief

IN THE HONBLE ___ LABOUR COURT, MUMBAI
COMPLAINT (ULP) NO. ______ OF 2010

_________________________
Complainant
V/s
M/s_____________________
Respondents
IN THE MATTER OF AFFIDAVIT IN

REPLY OF MR. ___________________
ON
BEHALF
OF
LIMITED
REFERRED
(HEREINAFTER
TO
RESPONDENTS)
APPLICATION
___________
AS
THE
TO
THE
FOR
INTERIM
RELIEF DT. _______________ FILED

BY THE COMPLAINANT
I, _________________, adult Indian Inhabitant aged about ____

years residing at _______________ do hereby on solemn affirmation
beg to state and submit as under:
1)
I say that I am the __________________of the Respondent No.1

herein. I say that I have gone through the Complaint, the
Application for Interim Relief and the supporting Affidavit all
dated _____________.
I say that I am aware of the facts
involved in the present matter and I am therefore in a

position to depose thereto.
I say that I am deposing this
Affidavit to oppose the Application for Interim Relief filed by

the Complainants and to oppose any relief being granted in
favour of the Complainants against the Respondent No.1. I
crave leave of this Honble Court to file a detailed Written
Statement if and when required.
2)
I say that the Complaint dated ______________ filed under

Items 1 (a), (b), (d) and (f) of Schedule IV of the M.R.T.U. and
P.U.L.P. Act, 1971
(hereinafter referred to in short as the
Act) is untenable at law as well as on facts and deserves to

be dismissed for the following amongst other reasons each of
which is set out herein below without prejudice to one
another:
a)
I say that the Respondent
b)
I say that the Complainant has levelled false and

baseless
allegations
and
have
made
several
demonstrably false and misleading statements solely to

misguide this Honble Court to snatch favourable
orders. I say that the Complainant has not approached
this Honble Court with clean hands and have with
malafide
motives
deliberately
suppressed
several
material facts from this Honble Court and therefore

the present Complaint suffers from the vice of
SUPPRESSIO VERI and SUGGESTIO FALSI and hence
deserves to be dismissed on this ground itself.
c)
I say that the Respondent No.1 has not committed or

engaged in any Unfair Labour Practice whether as
alleged in the Complaint or otherwise. I say that the
Complainant, other than alleging that the Respondent
No.1 has committed Unfair Labour Practices under
Items 1 (a), (b), (d) and (f) of Schedule IV of the Act,
have not in any way substantiated as to how the said
Items are at all attracted in the present case.
3)
Without prejudice to the aforesaid contentions, I will now

deal with the various allegations levelled in the Application
for Interim Relief dated___________. I say that in the said
Application for Interim Relief, the Complainant has adopted
the averments and allegations made in the main Complaint
and therefore, I shall now deal with the main Complaint ad
seriatim as under:
A)
With reference to para 1 of the Complaint, I say that

the
B)
With
reference
to
para
of
the
Complaint,
vehemently deny that the Respondent No.1 has

engaged in any Unfair Labour Practice whatsoever,
much less alleged Unfair Labour Practices under Items
1(a), (b), (d) and (f) of Schedule IV of the Act, whether
from ____________ or any day thereafter, whether as
alleged by the Complainant in the present Complaint,

or at all.
C)
With reference to para 3 of the Complaint, I repeat and

reiterate that the Respondent No.1 have never engaged
in any Unfair Labour Practices whatsoever, whether as
alleged in the present Complaint or at all.
D)
4)
With reference to para 3 (a) of the Complaint, I say that
With reference to paras 5 to 12 of the Complaint, I say that

since the Respondent No.1 has never engaged in any Unfair
Labour Practice much less the Unfair Labour Practices
alleged in the present Complaint, the contents of the said
paras are not at all applicable.
5)
I say that in view of what has been mentioned herein above,

since the Complainant has totally failed in making out any
case whatsoever against the Respondent No.1, the Complaint
is not at all tenable or maintainable against the Respondent
No.1
and
consequently,
the
prayers
made
by
the
Complainant in para ____, sub-paras ____to ____ of the

Complaint may be rejected by this Honble Court in toto in so
far as the Respondent No.1 is concerned.
6)
Without prejudice to my aforesaid contentions and with

reference to the application for Interim Relief and the
Affidavit of the Complainant filed in support thereof dated
____________, I beg to state and submit as under:
(a)
I say that since the statements and averments made in

the Application for Interim Relief and in the supporting
Affidavit of the complainant are partly repetitions of
what is stated by the Complainant in the said main
complaint and since I have already dealt with the said
statements and allegations of the Complainant in the
foregoing paragraphs of my Affidavit, with a view to
avoid repetition and for the sake of brevity, I pray that
my reply to the said paragraphs of the complaint may
be treated as my reply to the statements of the
Complainant and averments made in the Application
for Interim Relief and Affidavit respectively.
(b)
I say that the Application for Interim Relief filed by the

Complainant
is
totally
false,
misconceived
and
untenable at law for the following amongst other

reasons each of which is set out herein below without
prejudice to one another.
(i)
I say that the Interim Reliefs sought by the

Complainant are in the nature of final reliefs and
the said reliefs can be granted by this Honble

Court only after recording evidence of the Parties
and after deciding the complainant on merit
finally.
(ii)
I say and submit that if the Interim Reliefs as

prayed for are granted (and it is respectfully
submitted that there is no ground for doing so),
it will not only amount to granting final reliefs,
but will also have the effect of pre-judging the
alleged Unfair Labour Practices before the same
can be established or determined by recording
evidence at the final hearing of the complaint.
(iii)
I say and submit that the Complainant has

failed to make out any case at all, much less a
PRIMA FACIE case, nor any case exists to grant
the Complainant any reliefs. I say that in the
absence of immediate irreparable injury to the
Complainants alleged rights, which cannot be
compensated in terms of damages, no interim
relief can or ought to be granted.
(iv)
I submit that the balance of convenience is in

favour of the Respondents and not in favour of
the Complainant.
I further submit that if the
Interim Reliefs as prayed for are granted and the

Complaint is finally dismissed, grave and serious
prejudice will be caused to the Respondents as a
consequence of grant of reliefs as prayed for by
the Complainant in the Application for Interim
Relief.
(v)
I further submit that on the other hand if the

Application for Interim Relief is rejected and the
complaint is finally allowed (and it is respectfully
submitted that there are no grounds to be doing
so), then this Honble Court will have full powers
and jurisdiction to grant ultimate relief to the
Complainant. I humbly submit that under
section 30 of the Act, this Honble Court has no
jurisdiction to compensate the Respondents who
will be prejudicially affected by the grant of adinterim
reliefs,
pending
hearing
and
final
disposal of the complaint.

(vi)
I submit that the Interim Reliefs can only be

granted
after
taking
into
account
all
the
circumstances, including the manner in which

the
interest
safeguarded
ultimately
of
in
finds
the
case
that
Respondents
this
the
Honble
can
Court
complaint
misconceived and untenable at law.
be
is
7)
In view of what has been stated in the foregoing paragraphs

and in view of the factual position explained therein, I pray
that this Honble Court may be pleased not to grant any
reliefs to the Complainant as prayed for in the Application for
Interim Reliefs or at all and this Honble Court may be
further pleased to reject the Application for Interim Reliefs
filed by the Complainant in toto.
8)
I say that those of the allegations levelled in the Complaint

by the Complainant which have not been specifically refuted
and/or denied may not be deemed to be admitted by me. I
say that any allegation levelled by the Complainant that is
contrary to and/or inconsistent with what has been deposed
by me in the foregoing paras of this Affidavit may be deemed
to have been denied.
9)
I crave leave to file and refer to and rely on documents

referred to in this Affidavit and further crave leave to file
such other and further documents as and when required.
10)
I solemnly declare and verify that the statements and

averments and declarations made by me herein above are
true to the best of my knowledge, information and belief and
the legal submissions are based on the legal advice received
by me and I believe the same to be true.
SOLEMNLY AFFIRMED AT
MUMBAI
ON THIS 15th DAY OF NOVEMBER 2010
DEPONENT
IDENTIFIED BY ME

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IN THE HONBLE ___ LABOUR COURT, MUMBAI

COMPLAINT (ULP) NO. ______ OF 2010

IN THE MATTER OF AFFIDAVIT IN

RELIEF DT. _______________ FILED

I, _________________, adult Indian Inhabitant aged about ____

I say that I am the __________________of the Respondent No.1

I say that I am aware of the facts

involved in the present matter and I am therefore in a

I say that I am deposing this

Affidavit to oppose the Application for Interim Relief filed by

I say that the Complaint dated ______________ filed under

(hereinafter referred to in short as the

Act) is untenable at law as well as on facts and deserves to

I say that the Respondent

I say that the Complainant has levelled false and

demonstrably false and misleading statements solely to

material facts from this Honble Court and therefore

I say that the Respondent No.1 has not committed or

Without prejudice to the aforesaid contentions, I will now

With reference to para 1 of the Complaint, I say that

vehemently deny that the Respondent No.1 has

alleged by the Complainant in the present Complaint,

With reference to para 3 of the Complaint, I repeat and

With reference to para 3 (a) of the Complaint, I say that

With reference to paras 5 to 12 of the Complaint, I say that

I say that in view of what has been mentioned herein above,

Complainant in para ____, sub-paras ____to ____ of the

Without prejudice to my aforesaid contentions and with

I say that since the statements and averments made in

I say that the Application for Interim Relief filed by the

untenable at law for the following amongst other

I say that the Interim Reliefs sought by the

the said reliefs can be granted by this Honble

I say and submit that if the Interim Reliefs as

I say and submit that the Complainant has

I submit that the balance of convenience is in

I further submit that if the

Interim Reliefs as prayed for are granted and the

I further submit that on the other hand if the

disposal of the complaint.

I submit that the Interim Reliefs can only be

circumstances, including the manner in which

misconceived and untenable at law.

In view of what has been stated in the foregoing paragraphs

I say that those of the allegations levelled in the Complaint

I crave leave to file and refer to and rely on documents

I solemnly declare and verify that the statements and

ON THIS 15th DAY OF NOVEMBER 2010

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