Rashtriya Mill Mazdoor Sangh, Nagpur Through General Secretary, Shri Tukaram Pandurang Dekate v. Assistant Registrar, Additional Commissioner Of Labour, Nagpur And Others

1 CAW2208.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR Civil Application (W) No.2208 of 2017 in Writ Petition No.3474/2017 Rashtriaya Mill Mazdoor Sangh Vs. Assistant Registrar and others. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S. D. Thakur, Counsel for petitioner.

CORAM : B. P. DHARMADHIKARI AND R.B. DEO, JJ DATED : October 13, 2017 Heard.

2.

Clarification of the order dated 17/07/2017 has been sought on the ground that restoration of possession also should have been ordered or it should be clarified as implied allowed.

3.

Support is being taken in the case of A.P. State Financial Corporation VS. M/s Gar Re-Rolling Mills and Another (1994) 2 SCC

647. Learned counsel for the respondents submit that possession was not prayed for at all in the Writ Petition and it has got no bearing with the communication, which has been set aside by this Court.

4.

Perusal of the order dated 17th July, 2017 passed by us shows that there the counsel appearing for respondents No.2 and 3 had submitted that possession was not taken

2 CAW2208.17.odt forcefully.

5.

In reply affidavit filed before this Court, respondents Nos.2 and 3 submitted that they entered possession peacefully on 27/5/2017 before the impugned communication.

6.

On 17th July, 2017 after hearing the respective counsels, we found that there was some disputed issues and there was no express prayer for restoration of possession in Writ Petition. Restoration of possession cannot be a relief to be granted in equity.

7.

In the reported judgment cited (supra), the Hon'ble Apex Court has considered the claim of a party in default to equity. Here, when there is no express prayer for restoration of possession, we are not required to embark into that province. The petitioners have to take necessary steps as per law, if they claim restoration of possession. Hence, with that liberty, we disposed of civil application.

JUDGE JUDGE MP Deshpande