IN THE HON’BLE ___ 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

(HEREINAFTER REFERRED TO

AS “THE RESPONDENTS”) TO

THE APPLICATION 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 Hon’ble 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 Hon’ble Court to snatch favourable

orders. I say that the Complainant has not

approached this Hon’ble Court with clean hands and

have with malafide motives deliberately suppressed

several material facts from this Hon’ble 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

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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 2 of the Complaint, I

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

that

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4) 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 Hon’ble 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

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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

Hon’ble 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

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the Complainant any reliefs. I say that in the

absence of immediate irreparable injury to the

Complainant’s 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 Hon’ble

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 Hon’ble Court has no jurisdiction to

compensate the Respondents who will be

prejudicially affected by the grant of ad-interim

reliefs, pending hearing and final disposal of

the complaint.

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(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 of the Respondents can be

safeguarded in case this Hon’ble Court

ultimately finds that the complaint is

misconceived and untenable at law.

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 Hon’ble 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 Hon’ble

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

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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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