Indian Education Society v. Ramesh Ghanashyam Bhowar And 7 ORS

(28) WPL 871-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION Amk WRIT PETITION (L) NO. 871 OF 2016 Indian Education Society

...Petitioner

Versus

Shri Ramesh Ghanashyam Bhowar & Ors.

...Respondents

WITH WRIT PETITION (L) NO. 875 OF 2016 Indian Education Society

...Petitioner

Versus

Indian Education Society Employees'

Union & Anr.

...Respondents

.....

Mr. Kiran S. Bapat i/b Nandini G. Menon for the Petitioner. Mr. S. N. Deshpande for the Respondents.

CORAM : S. C. GUPTE, J.

DATE : 12 th APRIL, 2016.

P. C. :

1.

Heard learned counsel for the parties.

2.

Learned counsel for both the parties agree that the petition may be disposed of without indicating reasons for the order. Accordingly, the following order is passed:

(i) The impugned order of the Industrial Court dated 1st 1/2

(28) WPL 871-16 February, 2016 is set aside.

(ii) The amendment application of the petitioner is allowed. (iii) However, it is made clear that none of the averments introduced by the petitioner by way of amendment of the written statement are accepted by respondent Nos.1 to 7. All contentions of the parties on merits of the amendment are kept open.

(iv) Respondent Nos.1 to 7 shall be entitled to lead such additional evidence as they may desire in connection with the amendments to the written statement allowed hereby. (v) Learned counsel for the petitioner states that he shall examine one witness on its behalf in the pending complaints. (vi) The Industrial Court shall dispose of the pending complaints as expeditiously as possible and in any event within a period of 3 months from today.

(vii) The petitions are disposed of accordingly. (viii) The petitioner shall pay the costs of these petitions quantified at Rs.10,000/- each to respondent Nos.1 to 7. (S. C. GUPTE, J.) 2/2