Tata Memorial Centre v. Dr. Ramesh Yashwant Wagh And ORS

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IN THE HIGH COURT OF JUDICATURE AT MUMBAI

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.481 OF 2014 Tata Memorial Centre ...

Petitioner Vs.

Dr. Ramesh Yashwant Wagh and another ...

Respondents Mr. S. K. Talsania, Senior Advocate i/b. M/s. Mulla & Mulla & CBC for Petitioner.

Ms B. P. Jakhade for Respondent No.1.

CORAM

: R. G. KETKAR, J.

DATE : FEBRUARY 4, 2015 P.C.:

Heard Mr. Talsania, learned Senior Counsel for petitioner and Ms Jakhade, learned Counsel for respondent No.1 at length. 2.

By this Petition under Article 226 of the Constitution of India, the petitioner has challenged the judgment and order dated 08.10.2014 passed by the learned Presiding Officer, Fifth Labour Court, Mumbai and I/c. Fourth Labour Court, Mumbai below exhibit C-12 in Application (IDA) No.421 of 2005. By that order, the Labour Court rejected the application made by the petitioner raising objection as regards maintainability of the main proceedings under Section 33-C (2) of the Industrial Disputes Act, 1947 (for short 'Act') on the ground that the appropriate Government is the Central Government.

3.

After arguing the Petition for some time, Mr. Talsania seeks permission to withdraw this Petition with a liberty to file application for amending written statement as also fresh application raising the contention that the appropriate Government in this case is the Central Government after setting out all the necessary facts on the basis of the amended definition of Section 2(a) of the Act.

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In view thereof, Petition is allowed to be withdrawn with liberty as prayed for. All the contentions of the respondent in all the applications are expressly kept open. If such applications are made, the same shall be disposed of as expeditiously as possible and without being influenced by the impugned order.

(R. G. KETKAR, J.) Minal Parab 2/2