Delux Bearing Pvt. Ltd. v. Mr. Ajay Anantrao Kulkarni

wp2430-16.doc sg

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2430 OF 2016 Delux Bearing Pvt. Ltd.

...Petitioner

vs Mr. Ajay Anantrao Kulkarni

...Respondent

.....

Mr. Kiran Bapat, a/w. Mr. T.R. Yadav, for the Petitioner. Mr. Vivek V. Salunke, for the Respondent.

......

CORAM : S.C. GUPTE, J.

DATED: APRIL 5, 2016 P.C. :

.

Heard learned Counsel for the parties. The petition is disposed of by consent in terms of the following order:- 2.

The Respondent is permitted to amend his complaint pending before the Industrial Court Pune, namely, Complaint (ULP) No.280 of 2015 dated 30 January 2016 by incorporating a challenge to the dismissal order dated 29 September 2015. The order of the Industrial Court, Pune, dated 30 January 2016, is set aside and the matter is remanded to the Industrial Court, Pune, for fresh consideration of the entire relief under Section 30(2) of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 in accordance with law and after taking into account the amended complaint. Rights and contentions of the parties, including the jurisdiction of the Industrial Court to consider the amended complaint, Pg 1 of 2

wp2430-16.doc are kept open. The Industrial Court is directed to determine the interim application as expeditiously as possible and preferably within a period of eight weeks from today.

( S.C. GUPTE, J. ) Pg 2 of 2