Municipal Commissioner And ANR v. Brihanmumbai Municipal Corporation Engineers Union And 4 Orsand

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.975 OF 2014 ...

Municipal Commissioner & Anr.

....Petitioners V/S Brihanmumbai Municipal Corporation Engineers Union & Ors.

....Respondents ...

Mr.Burhan Bukhari with Ms. Trupti Puranik for the Petitioners. Mr.Kaushal Udeshi a/w Mr. Vedant Chhajed i/b M/s Sanjay Udeshi & Co. for the Respondent Nos.1 to 4.

...

CORAM : A.A. SAYED & PRAKASH D. NAIK, JJ.

DATED : 10 JULY 2019 P.C.:

The subject matter of the Petition is a notice given by the Respondent-Union dated 12-12-2013 threatening to go on strike/'Thiyya Andolan for 72 hours on 17,18 & 19 December 2013. This notice was also published in the Free Press Journal dated 12-12-213. The PetitionerCorporation therefore filed the above Petition and moved this Court for interim reliefs. On 16 December 2013, this Court had granted interim relief in terms of prayer clause e(i) of the Petition, which reads as follows: "e(i) pending the hearing and final disposal of writ petition, Respondents No.1 to 5, their office bearers, servants, agents, members as well as their representatives be restrained by an order of injunction from commencing and the Morcha/Andolan/Strike and holding any violent activities and also indulging in any of the coercive activities in any manner on and from Uday.P.Kambli 1/2

2/2 2-WP-975-14.doc Morcha/Andolan/Strike from 17th, 18th and 19th December 2013 or any day thereafter within the radious of 500 meter of the various office premises of the Petitioner situated in Greater Mumbai;" 2.

Considering the fact that the notice for strike/Thiyya Andolan was for 17, 18 & 19 December 2013 and the Court had granted interim reliefs, the apprehension of the Petitioner-Corporation would no longer remain now in the year 2019. In the circumstances, we are not inclined to keep this Writ Petition pending. The Writ Petition to stand disposed of. 3.

It is expected of the Respondent-Union to act more responsibly in future, considering the fact that the Petitioner-Corporation renders public services to millions who reside in the city of Mumbai and who depend on water supply, electricity supply and other essential utilities/services, which are provided by the Petitioner-Corporation.

(PRAKASH D. NAIK,J.) (A.A.SAYED, J.) Uday.P.Kambli 2/2