Mr. Rajesh Shah v. Their Workmen Represented By United Workers Association And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11333 OF 2015 Mr.Rajesh Shah

...Petitioner

vs.

Their Workmen represented by Union Workers Association & Ors.

....Respondents Mr.Kiran Bapat with Mr.Jayesh K. Desai for Petitioner. Mr.Joydeb B. Saha for Respondents.

CORAM : S.C. GUPTE, J.

28 MARCH 2016 P.C. :

Heard learned Counsel for the parties.

By consent, the impugned order of the Industrial Tribunal dated 5 March 2015 is set aside and the matter is remanded to the Industrial Tribunal for decision on the question of the plea of res judicata raised by the Petitioner, which forms the subject matter of the present petition. The Industrial Tribunal shall dispose of the reference after considering the plea of res judicata within a period of six weeks from today. The Petitioner will be at liberty to amend his written statement before the Industrial Tribunal within a period of one week from today. The Respondent is permitted to file an additional reply, if any, to the amended written statement of the Petitioner within a period of one week thereafter. The petition is disposed of accordingly.

(S.C. Gupte, J.)

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