Bombay High CourtCAW/3216/2018dismissedrule discharged

Elected Representatives Of Employees Of Pee Vee Textile Ltd., Narendra S/O U. Raghatate And Others v. Pee Vee Textile Ltd. Jam, Through Factory Manager And Others

2019-01-04Hon'Ble Shri Justice Z.A. Haq2 pages

1 caw3216.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAW) NO. 3216 OF 2018 IN WRIT PETITION NO.1184 OF 2017 (ELECTED REPRESENTATIVES OF EMPLOYEES OF PEE VEE TEXTILE LTD.....VS..PEE VEE TEXTILE LTD. & OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri D.M.Kakani, Advocate for Respondent No.1. Ms Shamsi Haider, A.G.P. for Respondent No.2. CORAM : Z.A.HAQ, J.

DATED : JANUARY 04, 2019.

By this application, the petitioners pray that notices be issued to the respondent No.3-President, Industrial Court, Mumbai and respondent No.4-Member, 4th Industrial Court, Nagpur Shri Y.G. Khobragade.

On 2nd March 2017, this Court directed issuance of notice to the respondent Nos.1 and 2 and specifically recorded that notice to the respondent Nos. 3 and 4 be dispensed with at this stage. In the civil application, the petitioners have made several allegations against the Presiding Officer.

The learned advocate for the respondent No.1 has pointed out that the allegations as are made in the civil application are also found in the writ petition. In the facts of the case, I find that filing of the civil application is nothing but abuse of process of law by the petitioners.

2 caw3216.18 The civil application is dismissed.

The petitioners shall deposit Rs.Ten Thousand with the High Court Legal Services Sub-Committee, Nagpur and produce receipt of it on record of the petition till 18th January 2019.

List the petition for further consideration/ hearing on 15th March 2019.

JUDGE RRaut..