Bombay High CourtWP/2837/2004disposed off

Shridhar Sitaram Bhatade v. Jaslok Hospital Research Centre

2018-07-19Hon'Ble Shri Justice S.C. Gupte2 pages

Chittewan 1/2

204. WP 2837-04.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2837 OF 2004 Shri Shridhar Sitaram Bhatade ....

Petitioner

Versus

M/s Jaslok Hospital Research Centre ....

Respondent .....

Mr. Prashant Kamble I/b Mr. A.S. Rao for the Petitioner. Mr. Bharat Goyal a/w Ms. Kripa Jethwa I/b Mr. Manish Upadhye for the Respondent.

....

CORAM : S.C.GUPTE, J.

DATE : 19 JULY 2018 P. C. :

Heard learned Counsel for the parties.

By a speaking order passed in the companion petition, namely, Writ Petition No.2428 of 2004, an order of the Labour Court at Mumbai rejecting a reference on the ground of bar of proceedings was quashed and set aside and the reference was remanded to the Labour Court for fresh hearing on merits in accordance with law. The facts of the present case are similar to that case. Even here, the reference filed by the Petitioner herein was rejected on account of bar of proceedings under Section 59 of MRTU & PULP Act, relying on prior institution of a complaint of unfair labour practice before the Labour Court. As in that case, even here the

Chittewan 2/2

204. WP 2837-04.doc complaint was withdrawn in view of the pending reference. The facts of this case are also fully covered by the decision of this Court in the case C.S. Dixit Vs. Bajaj Tempo Ltd1. Accordingly, the impugned award of the labour Court rejecting the reference is quashed and set aside and Reference (IDA) No. 172 of 2000 is remanded to the Labour Court at Mumbai for fresh hearing on merits in accordance with law. The parties shall appear before the Labour Court at Mumbai on 27 July 2018 at 11.00 a.m. and produce an authenticated copy of this order. The Labour Court shall thereupon issue directions for hearing of the reference and dispose of the reference as expeditiously as possible, and preferably within a period of six months from today.

(S.C. GUPTE, J.) 12000 II CLR 719 Rajesh Vasant Chittewan Rajesh Vasant Chittewan Date: 2018.07.24 18:07:50 +0530