Dismissed

Press Trust of India Employees Union and Anr. v. M/S. Press Trust of India Ltd. and Ors.

Bombay HC2 Mar 2009NMW/573/2008

Case brief

AI extract

What is this about?

This single-judge High Court of Bombay dismissed a Notice of Motion regarding the implementation of a Division Bench order on a technical ground. The judge held that if the order is interpreted in one manner, the petitioners are entitled to wages but should have sought execution or filed contempt proceedings instead. The technical defect was the sole reason for non-decision on the merits.

What did the court decide?

The Notice of Motion was dismissed; Respondents may make payment and Petitioners may accept it without prejudice to contentions.

Press Trust of India Employees Union and Anr… — Pension and Retirement Benefits | Bombay HC (2009)

¶1

 : 1 :

¶2

 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 ORDINARY ORIGINAL CIVIL JURISDICTION

¶3

 NOTICE OF MOTION NO.573 OF 2008
 IN

¶4

 WRIT PETITION NO.1770 OF 2008

¶5

 Press Trust of India Employees ....Applicants
 Union and another ....Petitioners
 V/s.
 Press Trust of India Ltd. & Anr. ....Respondents

¶6

 Ms.Jane Cox for the Applicants/Petitioners.

¶7

 Mr.J.P. Cama, Senior Counsel with Mr.B.A. Ashok i/b
 Bekay Legal for Respondent No.1.

¶8

CORAM : S.J. VAZIFDAR, J.
DATED : 2ND MARCH, 2009.
P.C. :

¶9

 1. By this Notice of Motion, the Petitioners
 seek implementation of an order of the Division Bench
 dated 15.10.2008.

¶10

 2. I refrain passing any orders only on the
 technical ground raised by Mr.Cama to the effect that
 this Notice of Motion is not maintainable. If indeed
 the order is to be interpreted in the manner contended
 in the Notice of Motion, the Petitioners would be
 entitled to wages as claimed. However, in that event,
 it would be necessary for the Petitioners to seek
 execution of the order or file contempt proceedings
 for non-implementation thereof.

¶11

 : 2 :

¶12

 3. In this view of the matter, it is not

¶13

 necessary for me to consider whether the Petitioners’
 interpretation of the order is correct. Mr.Cama’s
 contention is that the Petitioners’ interpretation of
 the order is erroneous. In this regard, needless to
 add that it is always open to the Petitioners to seek

¶14

 a clarification of the order.

¶15

 4. For the above limited reason, the Notice of
 Motion is dismissed. Needless to add that the
 Petitioners will be at liberty to adopt appropriate
 proceedings. The Respondents may make payment and the
 same may be accepted by the Petitioners without
 prejudice to the rights and contentions of both the
 parties.

Press Trust of India Employees Union and Anr. v. M/S. Press Trust of India Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

Press Trust of India Employees Union and Anr. v. M/S. Press Trust of India Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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