The Dairy Development Commissioner Mah. And ORS. v. Mumbai Labour Union, Mumbai.

WP 3604.00.sxw JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 3604 OF 2000 The Dairy Development Commissioner, Maharashtra State and Ors.

... Petitioners.

V/s.

Mumbai Labour Union, Mumbai.

... Respondent.

Mr. A.D. Kango, AGP for the Petitioner.

None for the Respondent.

CORAM : N.M. JAMDAR, J.

DATE : 18 NOVEMBER, 2015.

ORAL ORDER. :- The Petition challenges the order passed by the Industrial Court, Mumbai dated 16 February 2000. By the impugned order the Industrial Court had directed the Petitioner - State to grant status, benefits and privileges of the permanent workmen to the employees named at Annexure 'A' to the complaint.

2.

Rule was issued in the Petition on 18 September 2000 and interim relief was refused.

WP 3604.00.sxw 3.

An affidavit is filed by Mr. Dharampal Murlidhar Barmase, Deputy Director (Administration), Greater Mumbai Milk Scheme, Worli, Mumbai on 1 October 2015. In this affidavit it is stated that from refusal to grant interim relief, the Petitioner - State had approached the Apex Court and the Special Leave Petition was disposed off on 26 March 2000 with certain directions. It is stated in the affidavit that thereafter the Petitioner has complied with the order passed by the Industrial Tribunal. The Petition had appeared on board on 20 August 2015, 2 September 2015 and 3 September 2015 and none had appeared on behalf of the Respondent. The learned AGP states that the copy of the affidavit is already served on the Respondent and the affidavit of service is filed. None has come forward to controvert the assertions made by the Petitioner that the impugned order is complied with.

4.

In view thereof, the statement made on oath will have to be accepted. Accordingly, the Petition is disposed off in view of the fact that the impugned order stands already complied with and nothing further survives in the Petition.

5.

The Writ Petition is disposed off in the above terms. (N.M. JAMDAR, J.)