Single Judge disposed of a writ petition raising an identical issue already settled by a Division Bench in Letters Patent Appeal No. 170 of 1996, relying on that precedent for the decision.
The writ petition was disposed of in terms of the judgment dated 9.3.2005 in Letters Patent Appeal No. 170 of 1996.
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
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 520 OF 2000
M/s. DBH International
Limited. .. Petitioners.
vs.
The Transport & Dock
Workers’ Union. .. Respondents.
Ms. M. D’Souza i/by Haresh Mehta & Co.
for petitioners.
Ms. Anjali Helekar for respondents.
CORAM : S.U. KAMDAR, J.
DATE : 20th April, 2006.
P.C.:
. The learned counsel for the petitioner
states that the issue raised in this petition is
covered by the judgment of the Division Bench in
Letters Patent Appeal No. 170 of 1996 being
judgement dated 9.3.2005. The learned counsel
states that the said Letters Patent Appeal was filed
in respect of a set of workmen wherein the
respondents herein were not parties. Even by an
order dated 6.3.2000 passed in the review petition,
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the leaned Single Judge has held that the judgment
in the present matter is covered under the Letters
Patent Appeal No. 170 of 1996 and therefore
directed that the matter to be placed after disposal
of the Letters Patent Appeal No. 170 of 1996. In
view of the fact that the Letters Patent Appeal is
now disposed of by the aforesaid judgment, the
present writ petition is also disposed of in terms
of the said order and judgment dated 9.3.2005 as
corrected by further order dated 27.3.2005. In so
far as the amount of deposit is concerned, the
respondent workman will be entitled to withdraw the
same to the extent of salary upto 31.12.1995 as
directed by the appeal Court in para 26 of the
judgment. The balance amount, if any, the
petitioner is allowed to withdraw the same. Both
the parties will be entitled to accrued interest
thereon on their respective amount. The respondent
workmen will filed the computation of their
respective dues as on 31.12.1995 within a period of
two weeks for the purpose of withdrawal of the said
amount. It is thereafter only the petitioner will
be entitled to withdraw the balance amount.
Petition disposed of accordingly. No order as to
costs.
Colour shows how this judgement treated each authority
Letters Patent Appeal No. 170 of 1996Followed¶15
1 provisions across 1 enactments
M/s. DBH International Limited
The Transport & Dock Workers' Union
S.U. KAMDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court