Seth Nandlal Dhoot Hospital Chikalthana Midc Aurangabad Through Its Authorised Signatory v. Aurangabad Mazdoor Union Citu Bhavan Through Its General Secretary

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.9908 OF 2016 Seth Nandlal Dhoot Hospital, Chikalthana MIDC, Aurangabad Through its Authorized Signatory, Shri Prasenjit Ingole, Sr.Manager, (Personnel and Administration) -- PETITIONER

VERSUS

Aurangabad Mazdoor Union (CITU), CITU BHavan, Shivaji High School Road, Aurangabad, through its General Secretary -- RESPONDENT Mr.Ashok Patil and Mr.V.P.Golewar h/f Mr.A.R.Joshi, Advocates for the petitioner.

Mr.T.K.Prabhakaran h/f Mr.Vinod P.Patil, Advocate for the respondent.

( CORAM : RAVINDRA V. GHUGE, J.) DATE : 05/10/2016 ORAL JUDGMENT :

1.

Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

2.

The petitioner is aggrieved by the impugned order dated 22/07/2016 passed by the Industrial Tribunal, Aurangabad, by which Application Exhibit U-42, seeking production of documents in Ref.(IT) No. 5/2010, has been allowed.

3.

I have heard the strenuous submissions of Mr.Patil alongwith Mr.Golewar and Mr.Joshi, learned Advocates for the petitioner and Mr.Prabhakaran alongwith Mr.Pawar on behalf of the respondent/ Union, on 04/10/2016 as well as today.

4.

Considering the fact that the controversy has been reduced to a minuscule aspect, I am not required to advert to their entire submissions.

5.

By the impugned order, the Industrial Tribunal has directed production of pay sheets of 415 employees of the petitioner/hospital for the period January 2010 to July 2015. It is thus stated by the respective sides that the said order could be modified by directing the production of pay sheets of such employees falling in the categories stated below :- A.

Ward boys B.

Nurses C.

Aaya D.

Brothers E.

Sisters F.

Technicians G.

Employees below skilled categories but not including the employees of personnel department .

H.

Medical Practitioners, having no nexus with the pending

proceedings, are excluded.

6.

It is also submitted jointly that the pay sheets of the employees falling in the above categories (A) to (G) for the period of January 2010 to July 2015, could be further restricted only to production of such pay sheets of such employees for the said period only for the months of January and July from 2010 till 2015 with flexibility of one month on either side.

7.

In the light of the above, this petition is partly allowed and the impugned order dated 22/07/2016 stands modified with the above directions. Since the proceedings originate from the charter of demands raised in December 2009 and the Reference is pending from 2010, it is expected that the litigating sides will extend their cooperation to the Industrial Tribunal for the expeditious disposal of the reference proceedings. The Tribunal shall endeavour to dispose off the said proceedings as expeditiously as possible and preferably before the end of April 2017.

8.

Rule is made partly absolute in the above terms. ( RAVINDRA V. GHUGE, J.)