Allowed

M/S. J.B. Boda and Co.Pvt. Ltd. and Anr. v. J.B. Boda and Co. Pvt. Ltd. Employees Union and Anr.

Bombay HC11 Dec 2006WP/2919/2006

Case brief

AI extract

What is this about?

Writ petition disposed by consent order. Petitioners undertook to reinstate workman per Labour Court/Industrial Court and modify backwages based on workman's report date at Kandla.

What did the court decide?

Consent order passed for reinstatement of workman with modified backwages terms contingent on reporting at Kandla workplace.

M/S. J.B. Boda and Co.Pvt. Ltd. and Anr. Vs J.B… — Execution and Attachment | Bombay HC (2006)

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IN THE HIGH COURT OF O.O.C.J.	JUDICATURE AT	BOMBAY
WRIT PETITION NO.	2919 OF	2006
M/s. J.Bo.Boda & Co.Pvt.Ltd. & V/s.	Ors. ...	Petitioners.
J.B. Boda & Union & Ors.	Co.Pvt.L ... Respondents.	td.Employees
.... Mr. V.P. Vaidya	for the	Petitioners.
Mr. Sanjay Udeshi for	Respondent	No.2.
Mr. P.S. Lad, ....	Petitioner	present.
CORAM : 1	DR. D.Y.CHAN 1TH DECEMBER,	DRACHUD,J. 2006.
P.C.		:
1. At the hearing of the	Petition, Counsel app	earing on
behalf of the Petitioners and are agreed that the following order may be passed by consent and without the recording of reasons :-	for the First	Respondent
(i) The Petitioners have agreed to	abide by the	order of
the Labour Court, which was con	firmed in revision	by the
Industrial Court by granting reinsta	tement to the	workman
concerned, Shri P.S. Lad in the	same post which h	e was
holding on the date of termination.	The managemen	t has
agreed to do so on the assurance of the workman who is present before the Court that in compliance
with the order dated 28th March the establishment of the Petition	2002, he shall ers at Kandla.	report to The

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workman	has stated	that	he would	report	at Kandla	on	13th
December	2006.	The	management	is	agreeable	to	the

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workman reporting on the said date and in any event no

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later than 18th December 2006;

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(ii) In	subs	titution of	the order	for	the	payment	of
backwages	that	was passed	by	the	Labour	Court	and
confirmed	in	revision by	the	In	dustrial	Court,	the
Petitioner	shall	pay to the	workman	a	sum	equivalent	to

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20% of the backwages between the order of termination

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until the date of reinstatement;

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(iii) The backwages shall be paid over to the workman by the management together with the salary payable for the month of May 2006, conditional on the workman continuing

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to report for work at Kandla till then (subject to the

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grant of such leave as is sanctioned by the management).

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(iv) The workman would be entitled to such spread over

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for the purpose of income tax as admissible in accordance

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with the law.

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(v) The workman will be entitled to continuity of

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service.

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aforesaid terms, since no other point has been pressed on

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either side.

M/S. J.B. Boda and Co.Pvt. Ltd. and Anr. v. J.B. Boda and Co. Pvt. Ltd. Employees Union and Anr.

Case brief

What is this about?

What did the court decide?

M/S. J.B. Boda and Co.Pvt. Ltd. and Anr. v. J.B. Boda and Co. Pvt. Ltd. Employees Union and Anr.

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

Case details

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