By consent order, the High Court of Bombay quashed labor court orders and restored the application to the 9th Labour Court. Limitation issues were kept open.
Quashed the Labor Court and Industrial Court orders; restored BIR No. 59 of 1998 to the 9th Labour Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
O. O. C. J.
WRIT PETITION NO.2645 OF 2004
Mayaram Zuri Varma
..Petitioner.
Vs.
The New Great Eastern Spinning & Weaving Mills Ltd & Ors.
..Respondents.
Mr. I.A. Engineer for the Petitioner. Mr. S.C. Naidu i/b C.R. Naidu & Co. for the Respondents.
CORAM: DR. D.Y. CHANDRACHUD, J.
13th December, 2006.
P.C. :
After the Petition has been heard, Counsel appearing for
the Petitioner and for the Respondents are agreed that the following order may be passed by the Court by consent and without further recording any reasons :
i) The order passed by the Labour Court on 18th December, 2002 in application (BIR) 59 of 1998 and the order of the Industrial Court dated 17th August, 2002 in Appeal (IC) 71 of 2002 are quashed and set aside. Application (BIR) No. 59 of 1998 is restored to the file of the 9th Labour Court at Mumbai for disposal;
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ii) The Labour Court shall dispose of the BIR application on all issues including the issue as to whether the approach notice was submitted within the period of limitation. It will be open to the First Respondent to place a further affidavit setting out the relevant developments that have subsequently taken place on the record. All the rights and contentions of the parties are kept open.
The Petition is accordingly disposed of.
Mayaram Zuri Varma
The New Great Eastern Spinning & Weaving Mills Ltd
DR. D.Y. CHANDRACHUD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
