A.D.M. Agro Industries Kota And Akola Pvt. Ltd. Thr The Director v. Shrikant Sahadevrao Bhaldane And Others

caw.2171.18 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAW] No.2171 of 2018 in Writ Petition No.

of 2016 (D) A.D.M. Agro Industries Kota & Akola Pvt. Ltd. vs.

Shrikant Sahadevrao Bhaldane & others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Shri D.C. Dage, Advocate for the Petitioner.

CORAM

: S.B.

SHUKRE, J.

DATE : 12 th OCTOBER, 2018.

Heard the learned Counsel for the applicantpetitioner. Nobody is present for the respondents. The respondents are represented by their learned Counsel Advocate Smt. Anjali Joshi. However, she is not present.

By the order passed on 22nd June, 2017, this Court, while disposing of the Writ Petition No. 1868/2016, had remanded the matter back to the Industrial Court for deciding the issue of maintainability filed by the respondents under Section 30(2) of the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971. After the remand, the Industrial Court has decided the question of maintainability of the complaint. By the order passed

caw.2171.18 2/2 on 09/08/2017, the Industrial Court has found that the complaint is not maintainable and, therefore, the complaint has been dismissed. This order passed on 09/08/2017, it appears, has not been challenged by the respondents.

The learned Counsel for the applicantpetitioner makes a statement that to the knowledge of his client, this order passed by the Industrial Court has not been challenged so far by the respondents. There is no assistance rendered in the matter from the side of the respondents and, therefore, this Court would like to place reliance upon the statement so made by the learned Counsel for the petitioner. Accordingly, it is held that the complaint itself having been dismissed by the Industrial Court, this application deserves to be allowed.

In the circumstances, the application is allowed. The applicant-petitioner is permitted to withdraw an amount of Rs.50,00,000/- (Rupees Fifty Lakhs Only) deposited in this Court together with accrued interest, if any.

The application is disposed of accordingly.

JUDGE *sandesh