Pawan Hans Pilots Guild, Pawan Hans Helicopters Ltd. v. Pawan Hans Helicopters Ltd. And Another.

pvr 1/2 25wp514-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 514 OF 2015 Pawan Hans Pilots Guild, Pawan Hans Helicopters Ltd. ...Petitioner

Versus

Pawan Hans Helicopters Ltd. And Another.

...Respondents

Ms.Jane Cox i/b. Mr.M.A.Amonkar, for the Petitioner. Mr.S.K.Talsania, Senior Counsel with Mr.Abhay Kulkarni & Mr.T.R.Yadav, for Respondent No.1.

Mr.H.V.Mehta, for Respondent No.2.

...

CORAM :

ANOOP V. MOHTA & G.S.KULKARNI, JJ.

DATE:

7th September,2016.

---- ORDER :

1.

Leave to add Union of India through its Ministry of Labour and Industries. Amendment be carried out forthwith. Mr.Mehta, learned Counsel for Respondent No.2 waives service for added Respondents. 2.

After the matter was heard for some time, the learned Counsel appearing for the Petitioner concedes to the position that the cause being pursued in the Writ Petition is in respect of the employees whose names are set out in "Exhibit A" (page 27) who belong to the workmen category. If that be the position, then, the appropriate course of action for the

pvr 2/2 25wp514-15.doc Petitioner would be to raise an industrial dispute under Section 10 of the Industrial Dispute Act,1947 (for short "the I.D.Act"). The Petitioner accordingly shall approach the appropriate Government under Section 10 of the Industrial Dispute Act, within three weeks from today. If the Petitioner so approaches the appropriate authority under the Industrial Dispute Act shall consider the application of the Petitioner and decide the same, in accordance with law.

3.

At this stage, the learned Counsel appearing for the Petitioner seeks continuation of the ad-interim order passed by this Court ill such time the appropriate Government decides the issue under Section 10 of the Act. Considering the facts of the case, the request is not unreasonable. The ad-interim order shall continue to operate till the appropriate Government takes a final decision under Section 10 of the I.D. Act and for a period of four weeks after the communication of such order so as to enable the Petitioner to approach the Industrial Court to file a necessary interim application seeking appropriate ad-interim and/or interim reliefs. 4.

All the contentions of the respective parties on merits of the matter and on law are expressly kept open.

5.

The Writ Petition is accordingly disposed of. No order as to costs.

(G.S.Kulkarni, J.) (Anoop V. Mohta, J.)