Allowed

Indiara Rashtriya Kamgar Sahakari Soc.Ltd. v. Surejbali Sonai Rajbhar and Ors.

Bombay HC2 May 2005WP/1251/2005

Case brief

AI extract

What is this about?

This writ petition challenges an order of the Labour Court under Section 33-C(2) of the Industrial Disputes Act, 1947. The court allowed the petition, quashed the impugned order, and restored the application to the Labour Court for disposal by a specified date.

What did the court decide?

The impugned order dated 30th March 2004 was quashed and set aside; the application was restored to the Labour Court; the recovery certificate dated 29th January 2005 was set aside.

Indiara Rashtriya Kamgar Sahakari Soc.Ltd. Vs… — Pension and Retirement Benefits | Bombay HC (2005)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J.

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WRIT PETITION NO. 1251 OF 2005

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Indira Rashtriya Kamgar Sahakari Society Ltd. Petitioner.

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Vs. Surejbali Sonai Rajbhar & Ors. ...Respondents.

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.... Mr. P. M. Patel for the Petitioner. Mr.R. V. Giri with Mr. R.R. Mahagaonkar for Respondent

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CORAM : DR.D.Y.CHANDRACHUD, J.

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May 2, 2005.

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P.C.:

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This petition challenges an order dated 30^th October

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2004 of the Presenting Officer of the Tenth Labour Court at Mumbai in an application under Section 33-C(2) of the the Industrial Disputes Act, 1947, being Application (IDA) No.261 of 2002. The impugned order was passed in a batch of applications under Section 33-C(2) since common questions arose therein. The correctness of the order came up for consideration before this Court in Writ Petition 809 of 2005 which was allowed by a judgment and order dated 28^th March 2005. The order was quashed and set aside and the application under Section 33-C(2)

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was restored to the file of the Labour Court for disposal in the light of the observations contained in the order. The facts of the present case are, it is common ground, indistinguishable from those which arose before the Court in Writ Petition 809 of 2005. For the reasons already indicated by this Court on 28^th March 2005 while disposing of Writ Petition 809 of 2005, this petition shall stand disposed of in similar terms. For the reasons already indicated in the companion matter, this petition is allowed and the impugned order dated 30^th March 2004 in IDA No.261 of 2002 is quashed and set aside. The application is restored to the file of the Tenth Labour Court . Parties shall appear before the Labour Court for receiving directions on 13^th June 2005. The Labour Court shall set down the a time schedule for early disposal of the application and shall dispose it of on or before 30^th September 2005. In consequence of the aforesaid directions, the recovery certificate dated 29^th January 2005 issued by the Assistant Commissioner of Labour shall also stand set aside.

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The petition is disposed of in the aforesaid terms.

Indiara Rashtriya Kamgar Sahakari Soc.Ltd. v. Surejbali Sonai Rajbhar and Ors.

Case brief

What is this about?

What did the court decide?

Indiara Rashtriya Kamgar Sahakari Soc.Ltd. v. Surejbali Sonai Rajbhar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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