M/S. Vasai Machimar Suryodaya Sahakari Sanstha Maryadit v. Sarva Shramik Sangh And ANR

Rane * 1/2 * WP-7926-2013 Wed, 1April2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7926 OF 2013 M/s. Vasai Machimar Survodaya Sahakari Sanstha Maryadit .....Petitioner : V/S :

Sarva Sramik Sangh and Ors.

.....Respondents * * * * * Ms. A.P. Purav, Advocate for the petitioner.

Mr. Rajesh Gehani and Mr. D.D. Naik, Advocate for respondents no.2 and 3.

* * * * * * Coram :- Coram :- Smt. R.P. SondurBaldota, J.

Smt. R.P. SondurBaldota, J.

1st st April, 2015.

April, 2015.

P.C. :- P.C. :- .

By consent, the writ petition is disposed off with following order :- 1).

The petition is partly allowed. The impugned order in terms of paras-1 and 2 of the operative part is maintained. The direction at para-3 of the operative part of the Award is set aside. The Industrial Court shall adjudicate upon the claim made by the respondents under reference dated 28th April, 2009.

2).

Mr. Gehani, the learned Advocate appearing for respondents

Rane * 2/2 * WP-7926-2013 Wed, 1April2015 no.2 and 3 states, in fairness that the benefits received by the members of respondent no.2 under the settlement dated 28th July, 2009 shall be adjusted towards the amounts found due under the adjudication of the demands under reference. The matter is remanded to the Industrial Court for adjudication of the demand under reference dated 28th April, 2009. The Industrial Court, shall endeavor to dispose off the reference on/or before 31st December, 2015.

(SMT. R.P. SONDURBALDOTA, J) (SMT. R.P. SONDURBALDOTA, J)