Kuwait Airways Corporation v. Kuwait Airways Corpn. Employees Union

sat 1/2 caw 1440-2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1440 OF 2016 IN WRIT PETITION NO. 6869 OF 2003 Kuwait Airways Corporation

...Petitioner / Applicant

vs.

Kuwait Airways Corporation Employees Union & Ors. ....Respondents Mr.Ganesh Ambekar I/b. Fox Mandal Partners for Applicant. Mr.Jayesh Gawade I/b. Sanjay Udeshi & Co. for Respondent Nos.2 to 15. CORAM : S.C. GUPTE, J.

16 JUNE 2016 P.C. :

This civil application is taken out by the Applicant (original Petitioner) for taking on record Memoranda of Settlement executed between the Applicant and Respondent Nos.2 to 15 and for a declaration that the Applicant be discharged upon payment of amounts to these Respondents in accordance with the Memoranda of Settlement and treated as having complied with the order dated 29 July 2003 as regards the claim of the Respondents. The Memoranda of Settlement and Consent Terms between the Applicant and the Respondents have already been placed on record on 27 April 2016. The Respondent workmen now tendered 14 separate affidavits confirming their having entered into the Memoranda of Settlement and Consent Terms, agreeing to receive capital compensations in accordance with the Memoranda.

The workmen have tendered their resignations from the first Respondent union and prayed that the Memoranda of Settlement may be taken on record and an appropriate order may be passed in the civil application. The affidavits in the civil application affirmed on 26 April 2016 by Respondent Nos.2 to 15 are taken on record. The civil application is allowed in terms of prayer clause (a). No order as to costs.

sat 2/2 caw 1440-2016.doc Memoranda of Settlement to individual Respondents. The application is disposed of, accordingly.

(S.C. Gupte, J.)