Solapur Zilla Mazdoor Sangh v. Maharashtra Samarth Kamgar Sanghatana And ORS.
TRUPTI SADANAND BAMNE TRUPTI SADANAND BAMNE Date: 2024.02.28 19:02:42 +0530 Trupti 1 17-wp-9855-2015.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9855 OF 2015 Solapur Zilla Mazdoor Sangh ...
Petitioner versus Maharashtra Samarth Kamgar Sanghatana and Others ...
Respondents ......
Mr.Akhilesh Adhav h/f. Ms.Anjali Helekar for the Petitioner. Mr.Manish Kelkar for Respondent No.1.
......
CORAM :
NITIN JAMDAR, AND M.M. SATHAYE, JJ.
DATE :
23 February 2024.
P.C. :
Request for adjournment is made on behalf of the learned Counsel for the Petitioner. This writ petition is filed in the year 2015 and it is pending without any interim order. The learned Counsel for Respondent No.1 states that this petition does not survive. 2.
Respondent No.2-Union had filed an application under Section 14 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 for cancellation of recognition of the Petitioner-Union. Respondent No.2-Union had filed an application before the Industrial Court for appointment of
Trupti 2 17-wp-9855-2015.doc Investigating Officer for verification of the membership of different unions. This application was allowed and while the process had started, a separate application was filed by Respondent No.1 for recognition of different period in respect of the same establishment. This application has been disposed of by the impugned order. 3.
Though a notice was issued on 20 June 2017, the Court specifically stated that it had not restrained the concerned Court from proceeding further in the matter. We are informed that thereafter the proceedings were disposed of by the Industrial Court and further proceedings are pending.
4.
In these circumstances, both the interim orders and final proceedings have been concluded, we do not intend to keep the petition pending. We keep all the arguments of the parties open to be agitated in the main proceedings if they are still pending. 5.
The writ petition is accordingly disposed of. 6.
In case, the cause raised in this petition survives, it is open to the Petitioner to file an application for restoration, demonstrating how it survives, provided the same is filed within a period of eight weeks.
(M.M. SATHAYE, J.) (NITIN JAMDAR, J.)