M/S. Damani Shipping Pvt. Ltd. v. Their Workmen, The Secretary, Bharatiya Kamgar Karmachari Mahasangh

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13162 OF 2017 M/s. Shipping Services ...

Petitioner

Versus

Their Workmen, The Secretary, Bharatiya Kamgar Karmachari Mahasangh ...

Respondents ALONG WITH WRIT PETITION NO. 13163 OF 2017 M/s. Damani Shipping Private Limited ...

Petitioner

Versus

Their Workmen, The Secretary, Bharatiya Kamgar Karmachari Mahasangh ...

Respondents Ms. Anjali P. Yujurvedi for the Petitioners in both WPS. Mr. Shailesh Pathak for Respondents in both WPS. CORAM : S.J. KATHAWALLA, J.

DATED : 8TH DECEMBER, 2017 P.C.:

1.

Heard the learned Advocates appearing for the parties and the following Order is passed by consent :

i.

Award dated 28th June, 2017 passed by the Presiding Officer, Central Government Industrial Tribunal No. 2, Mumbai (CGIT) is set aside. ii.

The CGIT shall hear Reference No. CGIT-2/10 of 2014 afresh and dispose off the same within a period of four months from the date of this Order. iii.

The Petitioners shall be given an opportunity to file their pleadings /

Nitin 2 / 2 903-WP-13162-2017.sxw evidence before the CGIT.

iv.

The Petitioners undertake to pay cost of Rs.6,000/- each to the Respondents within a period of two weeks from today. The undertaking is accepted. v.

All contentions of the parties are kept open. vi.

Parties and / or their Advocates shall appear before the CGIT on 11th December, 2017 at 11.00 a.m. and obtain necessary directions in the matter. vii.

The Presiding Officer, CGIT shall not grant any adjournment to the parties unless absolutely necessary.

viii.

The above Writ Petitions are accordingly disposed off. ( S.J.KATHAWALLA, J. )