Bombay High CourtWP/14026/2016disposed off

Mr. Ganesh P. Naik And ORS. v. M/S Deepak Industries And ORS.

2016-12-01Hon'Ble Shri Justice K.K. Tated2 pages

904 wpst 21342-16=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

WRIT PETITION (ST) NO. 21342 OF 2016 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mrs. Neeta Karnik for the Petitioner.

Mr. P. V. Satam for the Respondent No.2.

CORAM : K. K. TATED, J.

DATED : 01/12/2016 P.C.:

Heard learned Counsel for the parties.

By this petition under Article 227 of the Constitution of India the Petitioner challenges the Judgment dated 25.05.2016 passed by the Labour Court, Thane in Application (IDA) No. 59 of 2010 filed under Section 33(C)(2) of the Industrial Disputes Act, 1947.

The learned counsel for the Petitioner submits that in the present proceeding earlier they preferred Writ Petition No. 8424 of 2009 challenging the order passed by the Industrial Court dated 23.02.2006 in ULP (Complaint) Nos. 55 of 2002 and 134 of 2003. The learned counsel for the Petitioner submits that this Court by order dated 24.11.2009 in Writ Petition No. 8424 of 2009 granted liberty to the petitioner to file application under Section 50 of Sneha Chavan 1/2

904 wpst 21342-16=.doc Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. The learned counsel for the petitioner submits that she received instructions from the Petitioner to withdraw the present Petition with liberty to file a fresh application under Section 50 of the said Act as per liberty granted by this Court by order dated 24.11.2009 in Writ Petition No. 8424 of 2009. To that effect, she has given in writing on farad. Same is taken on record and marked 'X' for its identification. Same is accepted.

Considering this fact, the following order is passed:

a) Writ Petition stands disposed of as withdrawn with liberty as prayed.

c) If the Application under Section 50 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 is filed within one month from today, the Industrial Court, Thane to decide the same as early as possible, but in any case within six months.

b) All contentions of both the parties are kept open.

(K.K.TATED, J.) Sneha Chavan 2/2