Fl Smidth Pvt. Ltd. v. Sarva Shramik Sanghatana (K.V) Mumbai

sat wp 8095-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8095 OF 2018 FL Smidth Pvt.Ltd.

...Petitioner

Vs.

Sarva Shramik Sanghatana (K.V.), Mumbai

...Respondents

Mr.Avinash K. Jalisatgi I/b. Amol B. Desai for Petitioner. Ms.Jane Cox I/b. Karishma Rao for Respondents. CORAM : S.C. GUPTE, J.

DATE : 30 JULY 2018 P.C. :

After the matter is heard at some length, it is agreed between learned Counsel for both parties that the impugned order dated 7 July 2018 passed by the Revisional Court as well as the order of the Labour Court rejecting the interim application of the Respondent herein may be quashed and set aside and the matter be remanded to the Labour Court at Thane for a fresh hearing of the interim application. Accordingly, the impugned order of the Industrial Court dated 7 July 2018 and the impugned order of the Labour Court at Thane dated 9 November 2017 are quashed and set aside and the interim application, being Exhibit U-2, is remanded to the Labour Court at Thane for a fresh hearing in accordance with law. The Labour Court at Thane shall consider the prima facie merits of the interim application. It is made clear that only prayer clause (b) of the interim application, Exhibit U-2, shall be considered by the Labour Court by discussing prima facie merits of the 1 / 2

sat wp 8095-2018.doc prayer. All the rights and contentions of the parties on merits are kept open. The writ petition is disposed of.

(S.C. GUPTE, J.) 2 / 2