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Bombay High CourtWP/5860/2011dismissed for nonprosecutiondefault at final hearing stage

Maharashtra General Kamgar Union v. Gharda Chemicals Ltd.,

2023-10-17Hon'Ble Shri Justice Milind N. Jadhav3 pages

HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5860 OF 2011 Maharashtra General Kamgar Union .. Petitioner

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M/s. Gharda Chemicals Ltd.

.. Respondent WITH WRIT PETITION NO.5141 OF 2011 Maharashtra General Kamgar Union .. Petitioner

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M/s. Gharda Chemicals Ltd.

.. Respondent WITH WRIT PETITION NO.5139 OF 2011 Maharashtra General Kamgar Union .. Petitioner

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M/s. Gharda Chemicals Ltd.

.. Respondent WITH WRIT PETITION NO.4453 OF 2011 Maharashtra General Kamgar Union .. Petitioner

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M/s. Gharda Chemicals Ltd.

.. Respondent WITH WRIT PETITION NO.4454 OF 2011 Maharashtra General Kamgar Union .. Petitioner

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M/s. Gharda Chemicals Ltd.

.. Respondent WITH WRIT PETITION NO.5140 OF 2011 Maharashtra General Kamgar Union .. Petitioner

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M/s. Gharda Chemicals Ltd.

.. Respondent Corrected / Modified order as per Speaking to the Minutes of order dated 18.10.2023. 1 of 3

WITH WRIT PETITION NO.8178 OF 2011 Maharashtra General Kamgar Union .. Petitioner

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M/s. Gharda Chemicals Ltd.

.. Respondent WITH WRIT PETITION NO.6453 OF 2012 Maharashtra General Kamgar Union .. Petitioner

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M/s. Gharda Chemicals Ltd.

.. Respondent ....................

 Mr. Amit Singh a/w. Mr. Kabeer Pansare and Ms. Shivani Deshmukh i./by Abhay Nevagi & Associates, Advocates for Respondent in all Writ Petitions.

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CORAM

: MILIND N. JADHAV, J.

DATE : OCTOBER 17, 2023 P.C.

:

1.

Heard Mr. Singh, learned Advocate for Respondent in all Writ Petitions.

2.

In view of the order passed on 25.11.2023 in Writ Petition No.5856 of 2011 (directions contained in paragraph No.4 thereof) and the subsequent order dated 09.10.2023, the Writ Petitions are listed on Board for hearing today.

3.

As observed earlier, once again the Petitioner is not represented. I am informed that the learned Advocate on record for the Petitioner has expired in the interregnum. 4.

Prima facie, I see that two concurrent Awards passed against Corrected / Modified order as per Speaking to the Minutes of order dated 18.10.2023. 2 of 3

the employees whose cause is being espoused by the Petitioner - Union is the subject matter of challenge in the Petition. Petitions cannot be kept pending on the record of the Court. Considering that after hearing the parties, Rule was granted by this Court as far back as in 2011, liberty is given to Petitioner to apply for restoration in the event if the Petitioner desires to do so. Considering the order passed in Writ Petition No.5856 of 2011, liberty is further given to the employees concerned whose cause is being espoused by Petitioner - Union to also seek their impleadment and restoration of the Writ Petitions, if so desired.

5.

With the above liberty, Writ Petitions are dismissed for nonprosecution. H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date:

2023.10.19 10:36:22 +0530 HARSHADA HANUMANT SAWANT Corrected / Modified order as per Speaking to the Minutes of order dated 18.10.2023. 3 of 3