Rashtriya Chemicals And Fertilizers Ltd. v. Shri Mahesh R. Bakre

1 51 WP 2599-15.doc Sequeira

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2599 OF 2015.

Rashtriya Chemicals and Fertilizers Ltd.

.. Petitioner Vs.

Shri Mahesh R.Bakre.

.. Respondent Mr.P.M.Patel a/w Rushabha Sheth and Ms.Pooja Batra i/b M/s Bodhanwalla and Co., for the Petitioner.

Mr.Neel Helekar, for the Respondent.

CORAM: N.M.Jamdar, J.

Monday 14 September, 2015 P.C.:

The learned counsel for the parties after arguing the matter for some time state that the petition can be disposed of by the following order and no reason thereof be given as the petition arises from an interim order.

2(i). The order by the Industrial Court, Kolhapur in Revision (ULP) No.160 of 2013 dated 21 August 2014 and the order passed by the Labour Court dated 23 July 2013 arising from Complaint (ULP) No.45 of 1992 are quashed and set aside.

(ii).

The Application filed by the Petitioner challenging the maintainability of the Complaint on the issue of Appropriate Government stands restored to file, to be heard along with the

2 51 WP 2599-15.doc main complaint.

(iii) Issue of Appropriate Government will not be taken as a preliminary issue, but will be decided along with other issues on merits.

(iv) All contentions of the parties in respect of issue of Appropriate Government are kept open.

3.

The Writ Petition is disposed of in above terms. No costs. 4.

The Labour Court will keep in mind that the Complaint is of the year 1992 and it has not yet proceeded on merits and give the disposal of this Complaint, priority it deserves. (N.M.Jamdar, J.)

3 51 WP 2599-15.doc "Certified to be true and correct copy of original signed Order."