Brihan Mumbai Electric Supply And Transportundertaking Through Its General Manager v. Best Workers Union And 8 ORS.

Sayali Upasani

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.- 454 OF 2021 Municipal Corporation of Greater Mumbai

...Petitioner

through General Manager BEST undertaking Vs.

BEST Workers Union and Others

...Respondents

Mr. S.C. Naidu, a/w Mr. Rakesh Singh, Heema Shaikh i/b M.V. Kini and Co., for the Petitioner.

Ms. Neeta Karnik, for Respondent Nos. 1 and 2. Adv. Kranti L. C., for Respondent Nos. 3 and 5. CORAM:- N. J. JAMADAR, J.

DATED:- 23rd MARCH, 2023 PC:- 1) Heard the learned Counsel for the parties.

2) The learned Counsel for the petitioner and the learned Counsel for the respondent Nos. 1, 2 ,3 and 5 submit that the parties have amicably resolved the dispute and are agreeable to dispose of the Writ Petition in terms of order passed in Writ Petition (L) No. 12159 of 2021, dated 20th March, 2023. 1/3

3) The learned Counsel seek leave to tender the Minutes of Order.

4) The Minutes of Order are executed by the Authorized Officer of the petitioner and the Authorized Officer of Respondent Nos. 1, 2, 3 and 5. The parties are identified by their respective Advocates.

5) The Minutes of Order are taken on record and marked "XX".

6) In view of the Minutes of Order ("XX"), the Petition stands disposed as under:- " 1. The Respondent Union agrees and declares that all its members including those members who have retired in the integrum, without prejudice to the respondent Union's rights and contentions in IT No.31 of 2019, IT No. 4 of 2020, IT No.6 of 2020, IT No. 7 of 2020, IT No. 8 of 2020 and IT No. 9 of 2020 and LC No. 1 of 2016 shall execute and submit an online undertaking in the format at Pg.295 of the Petition Paper Book within 15 days from date hereof.

2. Petitioner Undertaking, upon receipt of online undertaking, shall extend all benefits under Agreement dated 8th April, 2021 read with MOU dated 5th September, 2019 commencing from the month following the month in which the undertaking is received and shall continue every month thereafter.

2/3

3. Arrears as effective from September, 2019 under the Settlement/MOU shall be paid on or before 30th June, 2023.

4. Petition disposed off in terms above.

5. No Order as to costs. "

7) The Petition stands disposed between petitioner and respondent Nos. 1, 2, 3 and 5.

8) Ms. Karnik, the learned Counsel, has instructions to appear on behalf of the respondent Nos. 1 and 2 and seeks leave to file Vakalatnama.

9) Leave to file Vakalatnama in the Registry during the course of the day.

[N. J. JAMADAR, J.] 3/3