High Court permitted petitioner to represent matter to Appropriate Government. Court granted further interim relief periods pending State Government decision or Industrial Court reference.
Petitioner permitted to make representation to State Government within four weeks; interim relief continued pending decision.
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.[1].
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.883 of 1997
Mumbai Shramik Sangh ...Petitioner.
Versus
The Rashtriya Chemicals and
Fertilisers Ltd., & 5 Ors. ...Respondents.
Ms.Jean Cox with Firdose Moosa i/b. Mr.Prakash
Mahadik, Advocate for the Petitioner.
Mr.Girish Kulkarni i/b. M/s.M.S.Bodhanwala,
Advocate for Respondent No.1.
Ms.M.Kajale, A.G.P., for the State.
Mr.N.D.Sharma, Advocate for Union of India.
CORAM : DR.S.RADHAKRISHNAN AND
SMT.V.K.TAHILRAMANI,JJ.
DATED : NOVEMBER 23, 2006.
P.C.:
1. Heard the learned counsel for the
petitioner and the respondents. Mr.Kulkarni, the
learned counsel for respondent No.1 categorically
states that the Appropriate Government in the
instant case would be the State Government. In
view thereof, the petitioner is permitted to make
a representation to the said Appropriate
Government viz. State Government, within a period
of four weeks from today. It is made clear that
the interim reliefs granted in the above Petition
to continue till the State Government decides and
the decision is received by the petitioner, and
for a further period of four weeks in the event
the State Government refuses to refer the matter
for adjudication.
.[2].
2. It is also made clear that the State
Government shall decide the representation of the
petitioner within a period of 16 weeks from the
date of receipt of representation. Needless to
state that the State Government shall take into
account the case of respondent-employer while
deciding the representation made by the
petitioner.
3. In the event, the State Government refers
the dispute for a reference to the Industrial
Court, the interim relief granted in this Petition
shall be continued for a period of four weeks
after the Industrial Court decides the interim
application. The Industrial Tribunal to decide
the interim application as expeditiously as
possible preferably within a period of ten weeks
from the date of reference.
4. With the above observations, writ petition
stands disposed of.
[DR.S.RADHAKRISHNAN,J.]
.[3].
[SMT.V.K.TAHILRAMANI,J.]
Mumbai Shramik Sangh
The Rashtriya Chemicals and Fertilisers Ltd.
S.Radhakrishnan
V.K.Tahilramani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court