The High Court, by consent, quashed and set aside a Labour Court award. It remanded the reference IDA 858 of 1992 for fresh disposal, directing the Labour Court to dispose of the matter early.
The award dated 30th November 2002 is quashed and set aside. The reference IDA 858 of 1992 is restored for fresh disposal.
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.3035 OF 2003
Vasant Ramchandra Shinde
..Petitioner.
Vs.
M/s. Advance Transformers & Equipment Pvt. Ltd. & Ors.
..Respondents.
Mr. R.J. Ghag for the Petitioner. Mr. R.S. Pai for Respondent No.1.
CORAM: DR. D.Y. CHANDRACHUD, J.
15th September, 2006.
P.C. :
After the Petition has been heard, the learned counsel
appearing for the contesting parties have agreed that the following order may be passed by consent and without any further recording of reasons :
i) The award of the Labour Court dated 30th November,
2002 in Reference (IDA) 858 of 1992 is quashed and set aside
without the expression of any opinion by this Court on the merits of the respective rights and contentions of the parties with a view to facilitate a fresh determination on remand. Reference (IDA) 858 of
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1992 is accordingly restored to the file of the 10th Labour Court for disposal afresh;
ii) Upon remand, the parties shall appear before the Labour Court for receiving directions on 25th September, 2006. The Labour Court shall set down a time schedule for the early disposal of the reference considering that the reference is of the year 1992. The Labour Court shall pass fresh orders after hearing the parties on all aspects of the matter on merits. The parties are agreed that the reference shall be disposed of on the basis of the pleadings and the evidence on the record as they stand.
The Petition shall accordingly stand disposed of in the
aforesaid terms since no other point has been pressed on the either side.
1 provisions across 1 enactments
Vasant Ramchandra Shinde
M/s. Advance Transformers & Equipment Pvt. Ltd.
DR. D.Y. CHANDRACHUD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
