Kalwe Mukund Employees Union v. Mukand Ltd. Through Its Managing Director And ANR.

hcs 9.w522.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.522 OF 2017 Kalwe Mukund Employees Union .. Petitioner.

Vs.

Mukand Ltd. & Anr.

.. Respondents.

Mr. Yogendra Pendse with Ms.Priyanka Patkar for the petitioner. Mr. Pramod Anaokar with Mr.Rahul Oak for Respondent No.1. CORAM : A.K. MENON, J.

DATED : 23RD JANUARY, 2018 P.C. :

1.

By this petition, the petitioner seeks to challenge an interim order dated 21st June, 2016 passed on Exhibit-U-2 seeking certain interim relief under Section 30(2) of the MRTU & PULP Act whereby the petitioner sought temporary injunction restraining the respondents from implementing the contents of a letter dated 5th May, 2016 Exhibit-C. 2.

At the hearing of this petition, Mr.Pendse, learned Advocate for the petitioner points out that the Court has proceeded on the basis that Exhibit-C being letter dated 5th May, 2016 is to be treated as discussion held between the petitioner and respondent no.1. It is not in dispute that the main application Complaint (ULP) No.132 of 2016 is still pending. That 1/2

9.w522.17 application will now be heard on merits.

3.

Having heard counsel for the parties, I am not inclined to interfere with the order, save and except to observe that the Court hearing the main complaint shall proceed to decide the complaint on merits and uninfluenced by the observations contained in paragraphs 12 and 15 of the impugned order dated 21st June, 2016 to the effect that the letter dated 5th May, 2016, shall be treated as if the issues covered were discussed with the Union. The Petition is disposed of in aforesaid terms. No orders as to costs. (A.K. MENON,J.) 2/2