Stanley Black And Decker India Pvt. Ltd. v. Additional Commissioner Of Labour, Pune And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by NIKITA KAILAS DARADE Date:

2024.12.12 10:35:07 +0530 NIKITA KAILAS DARADE (SR.NO.901) WRIT PETITION NO.14426 OF 2024 Shivgarjana Kamgar Sanghtana .....Petitioner Vs.

M/s. Stanley Black and Decker India Pvt. Ltd. ....Respondent WITH (SR.NO.902) WRIT PETITION NO.16931 OF 2024 Stanley Black and Decker India Pvt. Ltd. .....Petitioner Vs.

Additional Commissioner Of Labour, Pune and Anr. ..Respondents Ms. Seema Chopda a/w T. R. Yadav for the Petitioner in WP/14426/2024 and for Respondent No.2 in WP/16931/2024. Mr. Varun Joshi a/w Mr. Chetan Alai a/w Mr. Bhushan Bhadgale for the Petitioner in WP/16931/2024.

CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE : 10th DECEMBER, 2024 P.C. :- 1.

This is a motion for speaking to the minutes of the order dated 25th November, 2024, moved by the learned Advocate for the Union.

2.

Heard the learned Advocates for the respective sides. The order of this Court dated 25th November, 2024, is clear and there is no ambiguity. We have recorded the statements of the litigating sides, that the pending cases in connection with the charter of demands/disputes with regard to wage revision, are to be disposed off. It would mean that they are to be simplicitor disposed off since, the wage rise settlement issue between the parties, has been settled.

3.

Having considered the submissions of the parties, we are adding paragraph No.9 to the order dated 25th November, 2024 for the satisfaction of the parties. Paragraph No.9 will read as under: "9.

Insofar as the cases pertaining to termination or dismissal of Employees, which are purportedly connected with alleged acts of indiscipline, the parties agree that such cases would be prosecuted on their own merits. Complaint (ULP) No.2 of 2023, stands disposed off in the light of the agreement between the parties before our Court and the Labour Court shall pass a formal order of disposing off the said case as being infructuous, within seven days from today. The Application (IDA) No.35 of 2023 and Application (PWA) No.3 of 2024, may be prosecuted. The Complaint (ULP)

No.26 of 2023, filed by the Management, will also be disposed off with a formal order from the concerned Court. In Complaint (ULP) No.59 of 2023, the only issue to be considered by the Industrial Court is as to whether Mr. Krishna Shahaji Molak was not given 15 days salary after completing five years of service."

4.

The order dated 25th November, 2024 shall be corrected accordingly and the corrected order be uploaded. (ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)