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Bombay High CourtWP/5827/2014dismissedrule discharged

Premraj S/O Gangaram Kanojia v. Mohan Sridhar Kajle And Others

2016-07-29Hon'Ble Shri Justice Z.A. Haq3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

WRIT PETITION NO.5827 OF 2014 (Premraj s/o Gangaram Kanojia ..vs.. Mohan Sridhar Kajle and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATED : 29-07-2016 Heard Shri P.D. Meghe, Advocate for the petitioner, Smt. A.A. Joshi, Advocate for the respondent No.1 and Shri K.R. Lule, Assistant Government Pleader for the respondent No.4.

2.

The respondent No.1 filed complaint under Section 28 read with Item 1 of Schedule-IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 against the respondent No.2-Trust and respondent No.3Manager. This complaint is filed in 1991. The respondent Nos.2 and 3 had filed an application raising issue of maintainability of complaint filed by the respondent No.1. The objection raised by the respondent Nos.2 and 3 is repelled by the Industrial Court by the order dated 12-01-1998. The present petitioner is impleaded as party in the proceedings by the order dated 26-02-2009. After impleadment the petitioner has filed an application (Exhibit No.66) raising the same objection

2 wp5827.14 which was earlier raised by the respondent Nos.2 and 3 and rejected by the order dated 12-01-1998.

3.

The subordinate Courts have properly considered the relevant aspects and have rejected the application filed by the petitioner. I do not find any infirmity in the impugned order. The petition is dismissed. In the circumstances, the parties to bear their own costs. 4.

As the complaint is pending since 1991, the Labour Court is directed to dispose it by 13-01-2017. JUDGE adgokar

3 wp5827.14 CERTIFICATE I certify that this Order uploaded is a true and correct copy of original signed Order.

Uploaded by : P.M. Adgokar.

Uploaded on : 01-08-2016.

P.A. to Hon'ble Judge.