Disposed

Niphad Sakhar Kamgar Sabha v. Niphad Sahakari Sakhar Karkhana Ltd. and Ors.

Bombay HC7 Oct 2014WP/770/2014

Case brief

AI extract

What is this about?

Petitioner challenged non-payment of salary despite an Industrial Court order. The Bombay High Court declined immediate interference, keeping merits open but permitted alternate remedies and filed applications for expeditious hearing.

What did the court decide?

Petitioner at liberty to resort to appropriate alternate remedy. Entitled to file application for expeditious hearing of main petition before Industrial Court.

Niphad Sakhar Kamgar Sabha Vs Niphad Sahakari… — Labour and Industrial Disputes | Bombay HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE

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WRIT PETITION NO. 770 OF 2014

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Niphad Sakhar Kamgar Sabha V/s.	...	Petitioner
Niphad Sahakari Sakhar Karkhana Ltd. & ors.	...	Respondents

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Mr. Pankaj M. Patel for the petitioner. Mr. Vishal Thadani, AGP for respondents 3 and 4.

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CORAM : NARESH H. PATIL AND B.P. COLABAWALLA, JJ .

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7th October , 2014.

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P.C.

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The grievance of the petitioner is that inspite of order being passed by the Member, Industrial Court, Nashik dated 7th May, 2012 directing respondent to make payment of salary, the entire amount of salary due to the petitioners' members is not paid. The learned Counsel submits that main complaint is still pending before the Industrial Court and there is no remedy prescribed under the MRTU & PULP Act for executing the interim order.

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In the facts of the case at this stage we are not inclined to interfere,

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however, petitioner is at liberty to resort to appropriate alternate remedy in case petitioner's grievance survives. Keeping all issues on merits open, petition is

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disposed of. The petitioner is entitled to file an application for expeditious

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hearing of the main petition before the Industrial Court.

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(B.P. COLABAWALLA, J.) (NARESH H. PATIL, J.)

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L.S. Panjwani, P.S.

Niphad Sakhar Kamgar Sabha v. Niphad Sahakari Sakhar Karkhana Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

Niphad Sakhar Kamgar Sabha v. Niphad Sahakari Sakhar Karkhana Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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