Kachra Vahatuk Shramik Sangh v. The Municipal Corporation Of Greater Mumbai And ORS

JAYARAJAN ANJAKULATH NAIR Date: 2022.02.03 18:39:50 +0530 JAYARAJAN ANJAKULATH NAIR 1/3 15 WP-284.20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.284 OF 2020 Kachra Vahatuk Shramik Sangh ] ... Petitioner Vs.

The Municipal Corporation of Greater Mumbai & Ors.

] ] ... Respondents ...

Mr. Neeta Karnik for the petitioner.

Mr. Suresh Pakale with Mr. Santosh Parad for respondent No.1 - MCGM.

...

CORAM

: RAVINDRA V. GHUGE, J.

DATED : 02ND FEBRUARY, 2022.

P.C. :- 1.

By this petition, the petitioner-Union seeks to challenge the inter-locutory order dated 25/06/2019 delivered by the Industrial Court below application Exh.-U-2, filed by it in Complaint (ULP) No.140 of 2019.

2.

It is informed that pursuant to the impugned order, the

2/3 15 WP-284.20.odt concerned three workmen, on whose behalf the petitioner-Union is prosecuting the complaint, have been placed under suspension. The said issue is the subject matter of Compaint (ULP) No.140 of 2019.

3.

After the matter is called out post-lunch, following a passover, Mr. Pakale, the learned advocate representing the Corporation, has graciously taken instructions, on urgent basis from Mr. Bhosale, an officer representing the Corporation, that the three workmen have been acquitted by the court of criminal jurisdiction in the criminal case. The Corporation is positively considering their case with regard to the grievance against their suspension, since they were behind bars for 48 hours, after the registration of the criminal offence. He further submits, on instructions, that a decision to resolve the dispute is likely to be taken and that would be communicated to the petitioner-Union as well as the learned Industrial Court, Mumbai, in Complaint (ULP) No.140 of 2019.

4.

Since the above issue is not a subject matter of this petition and as the impugned order protects the petitioner against termination of it's members, notwithstanding the fact that their grievance before the Industrial Court was against probable suspension, this petition is disposed off.

5. It is expected that the Municipal Corporation would apply it's

3/3 15 WP-284.20.odt mind to the facts and circumstances of the case and, as stated by Mr. Pakale, would take a decision, which would resolve the dispute.

6.

Considering the request of the parties, the Industrial Court is requested to decide the Complaint (ULP) No.140 of 2019, on or before 21/10/2022.

[RAVINDRA V. GHUGE, J.]