Bombay High CourtWP/10919/2013

Pioneer Embroideries Limited v. Ashok Sahu And ORS

2015-02-26Hon'Ble Shri Justice Rajesh G. Ketkar5 pages

1 / 5 WP/9953/2013gr Tapadia RR/B.902

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

1. WRIT PETITION NO. 9953 OF 2013 Moni Deka and Ors

2. WRIT PETITION NO. 4619 OF 2013 Narad Pd. Kushawaha and Ors

3. WRIT PETITION NO. 9908 OF 2013 Ganesh Sahu and Ors

4. WRIT PETITION NO.9910 OF 2013 Mohd. Kabirool and Ors

5. WRIT PETITION NO.9954 OF 2013 Sadhu Charan and Ors

6. WRIT PETITION NO. 9956 OF 2013 Sunilkumar Pandey and Ors

7. WRIT PETITION NO. 9957 OF 2013

2 / 5 WP/9953/2013gr Ravi Sagvekar and Ors

8. WRIT PETITION NO. 9958 OF 2013 Suresh Jai Singh and Ors

9. WRIT PETITION NO. 10900 OF 2013 Sushil Rai and Ors 10 WRIT PETITION NO.10902 OF 2013 Subhash Prajapati and Ors

11. WRIT PETITION NO. 10903 OF 2013 Sasanta Mohani and Ors

12. WRIT PETITION NO. 10904 OF 2013 Umakant Behra and Ors

13. WRIT PETITION NO. 10905 OF 2013 Vinay Rai and Ors

3 / 5 WP/9953/2013gr

14. WRIT PETITION NO. 10906 OF 2013 Sukhdev Behra and Ors

15. WRIT PETITION NO. 10919 OF 2013 Ashok Sahu and Ors

16. WRIT PETITION NO. 10920 OF 2013 Rubal Das and Ors

17. WRIT PETITION NO. 11557 OF 2013 Manoj Varma and Ors

18. WRIT PETITION NO. 11558 OF 2013 Laxmidhar Pradhan and Ors Mr. Vijay Pandurang Vaidya, Advocate for petitioner in all Petitions.

Ms. N. R. Patankar with Mr. Vishwajit Parshuram Sawant, Advocate for respondents in all Petitions.

CORAM :

R.G.KETKAR,J.

RESERVED ON : 17/02/2015.

PRONOUNCED ON : 26/02/2015

4 / 5 WP/9953/2013gr ORDER:

Heard Mr. Vijay Vaidya, learned counsel for the petitioner and Ms. N.R.Patankar and Mr V. P. Sawant, learned counsel for the respondents at length.

Mr. Vaidya submitted that after the arguments were concluded, the petitioner has filed Civil Applications for taking on record compilation of documents of 121 workmen concerning the present petitions and also the record maintained by the Excise Department regarding shift working. He submits that the petitioner got hold of these documents after the decision of the Labour Court impugned in the present petitions. He, therefore, seeks permission to withdraw these Petitions with a liberty to file Review Petitions before the concerned Labour Court seeking review of the impugned orders passed in Recovery Applications. He further submits that for a period of eight weeks from today, the ad-interim order granted on 18.7.2013 may be continued. He assures that within four weeks from today, the petitioner will file Review Petitions before the concerned Labour Court and will move that Court for obtaining appropriate interim reliefs. 3.

Mr. Sawant submits that he was served with the applications. It may be taken as respondents have denied the contents of those applications. He further submits that all the contentions of the respondents including maintainability of Review Petitions may be kept open.

5 / 5 WP/9953/2013gr 4.

In view thereof, on the motion made by Mr. Vaidya, these Writ Petitions are allowed to be withdrawn with liberty as prayed for. All the contentions of the parties on merits including that of maintainability of Review Petitions are expressly kept open. 5.

If such Review Petitions are filed, the Labour Court is requested to decide the same on the basis of the material on record and in accordance with law as expeditiously as possible and in any case within six months from the date of filing of the Review Petitions. Notwithstanding withdrawal of these Petitions, the ad-interim order dated 18.7.2013 shall remain in force upto and inclusive of eight weeks from today. It is expected that in the meantime, the petitioner will move the concerned Labour Court for obtaining appropriate interim reliefs. It is expressly made clear that by continuing the ad-interim order, I have not expressed any opinion on merits either way.

(R.G.Ketkar, J.)