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Bombay High CourtCAW/962/2015

Ramchandra Z Wadane And ORS v. Rashtriya Mazdoor Sangh Through Its Secretary And ORS

2015-04-13Hon'Ble Shri Justice Nitin Jamdar2 pages

bsb 1 CAW2914.14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2914 OF 2014 IN WRIT PETITION NO. 5991 OF 2013 Rashtriya Mazdoor Sangh ... Applicant v/s CIMMCO Spinners & anr.

... Respondents ALONG WITH CIVIL APPLICATION NO. 962 OF 2015 IN CIVIL APPLICATION NO. 2914 OF 2014 IN WRIT PETITION NO. 5991 OF 2013 Ramchandra Z. Wadane & ors.

... Applicants v/s Rashtriya Mazdoor Sangh & ors.

... Respondents Mr.Neel Helekar for the applicant and original petitioner. Ms.Seema Sarnaik for the respondent No.1.

Mr.Sachin Punde i/by Anand Kulkarni for the intervenor/applicant in CA No.962 of 2015.

CORAM: N. M. JAMDAR, J.

DATED : 13TH APRIL, 2015 P.C.:

bsb 2 CAW2914.14.doc By Civil Application No.2914 of 2014, the applicant seeks to recall and modify the order dated 11 June 2014 passed in Writ Petition No.5991 of 2013.

2.

Learned counsel for the applicant states that modification is necessary as three employees who were to act as representatives of the applicant union are no longer either in employment or membership of the applicant union, and seeks substitution of their names with some other employees. Learned counsel for the respondent management opposes. Learned counsel for the applicants in Civil Application No. 962 of 2015 states that the present applicant is no longer a recognized union. 3.

It is not necessary to decide this issue in the present civil application as the main complaint is still pending before the Industrial Court, Solapur. It will be open to the applicant to make an appropriate application to the Industrial Court, Solapur, which will be considered on its own merits and after giving hearing to all concerned. All contentions of the parties are kept open in this regard.

4.

Civil application is disposed of in above terms. 5.

Civil Application No.962 of 2015 does not survive and is disposed of.

( N. M. JAMDAR, J.)