Shivkranti Kamgar Sanghatana v. Keihin Fie Employees Union And ANR

1 11 WP 9021-15.doc Sequeira

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9021 OF 2015.

Shivkranti Kamgar Sanghatana .. Petitioner Vs.

Keihin Fie Employees Union & anr. .. Respondents Mr.Nitin Kulkarni a/w Mr.Avinash Belge, for the Petitioner. Mr.Sanjay Singhavi, Senior advocate i/b Mr.Rajmohan Amonkar and Mr.Rahul Kamerkar, for Respondent No.1.

Mr.A.D.Patwardhan a/w Mr.T.R.Yadav, for Respondent No.2. CORAM: N.M.Jamdar, J.

Tuesday 22 September, 2015 P.C.:

Heard learned counsel for the parties. The learned counsel for the parties, after arguing the matter for some time, state that in view of the over all interest of industrial peace in the establishment, in the facts and circumstances of the case, the following methodology be adopted for disposal of this Writ petition and no reasons be given. Accordingly, by consent, the Writ petition is disposed of as under :

(i) The impugned order dated 26 August 2015 is quashed and set aside.

(ii) The Application (MRTU) No.15 of 2014 filed by the Respondent No.1 under Section 14 of the Maharashtra

2 11 WP 9021-15.doc Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 bearing Application (MRTU) No.15 of 2014 will be decided by the Industrial Court within period of six months from today.

(iii) It will be open to the Petitioner-Union as well as Respondent No.1, Union separately to negotiate a settlement on behalf of their members with the Respondent No.2-Employer, which settlement will be binding on the respective members. The negotiations shall also include the demands of the Respondent No.2-Employer.

(iv) All contentions of the parties in respect of the Application (MRTU) No.15 of 2014 are kept open.

2.

Liberty to the parties to produce copy of the order before the Industrial Court for necessary action. All parties to act on an authenticated copy of this order.

3.

Writ petition is disposed of in above terms. No costs. (N.M.Jamdar, J.)

3 11 WP 9021-15.doc "Certified to be true and correct copy of original signed Order."