Hind Kamgar Sanghatana v. L.G. Electronics (I) Pvt. Ltd. And ORS

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9. WP 10841-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10841 OF 2019 Hind Kamgar Sanghatana ...

Petitioner

Versus

L.G. Electronics (I) Pvt. Ltd.

And Others ...

Respondents .....

Ms. Seema K. Chopda a/w Mr. T.R. Yadav for the Petitioner. Mr. K.M. Naik, Senior Counsel a/w Mr. Varun Joshi, Mr. Sujit Salkar and Shruti Padsalgikar-Joshi i/b Chetan ALAI for Respondent Nos.1 and 2.

.....

CORAM : S.C. GUPTE, J.

DATE : 10 DECEMBER 2019 P. C. :

.

This writ petition challenges an order passed by the Industrial Court at Pune on an application for interim reliefs filed under Section 30(2) of the Maharashtra Recognition of Trade Union and Prevention of Unfair Labour Practices Act 1971. The grievance of the Petitioner is that the ad-interim order, which was passed after briefly discussing reasons in support of such order on 15 March 2019, was vacated by the Industrial Court in its impugned order only on the ground that the Petitioner herein, who was the complainant before the court, was extending that ad-interim order from time to time avoiding to argue the matter on merits.

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9. WP 10841-19.doc After the matter is heard at some length, it is agreed between learned Counsel for the parties that the impugned order of the Industrial Court at Pune may be set aside and the matter be remanded to that court for a fresh hearing on Exhibit "U-19". It is made clear that on the next scheduled date of the matter, which is 21 January 2020, the Petitioner herein shall argue the matter and not seek any accommodation on that date. It is made clear that for any reason the matter is adjourned on account of the Petitioner herein, the ad-interim order passed on 15 March 2019 and continued by reason of this order, shall stand vacated. The writ petition is disposed of accordingly.

(S.C. GUPTE, J.)