Remanded

Ganesh Dipak Nikam v. the President, Nashik Jilha Maratha Vidya Prasarak Samaj Sevak Sahakar Society Ltd. and Ors.

Bombay HC13 Jun 2017WP/4358/2017

Case brief

AI extract

What is this about?

The High Court, with the consent of parties, set aside the order of the Industrial Court that had set aside the Labour Court's order. The Court directed the Labour Court to decide the unfair labour practice complaints on merits expeditiously, preferably within six months, before a specified date.

What did the court decide?

Impugned orders remanded; Labour Court directed to decide complaints on merits within six months.

Ganesh Dipak Nikam Vs the President, Nashik… — Labour and Industrial Disputes | Bombay HC (2017)

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Kavita 16-wp-4358-17.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.4358 OF 2017

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Ganesh Dipak Nikam ...Petitioner Versus The President, Nasik Jilha Maratha ...Respondents Vidya Prasarak Samaj Sahakar Society Lt.

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WITH WRIT PETITION (ST) NO.4183 OF 2017

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Vikram Somnath Kare ...Appellant Versus The President, Nasik Jilha Maratha ...Respondents Vidya Prasarak Samaj Sahakar Society Lt.

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WITH

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WRIT PETITION NO.4364 OF 2017

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Vikas Devidas Jadhav. ...Petitioner Versus The President, Nasik Jilha Maratha ...Respondents Vidya Prasarak Samaj Sahakar Society Lt. .…... …..

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Mr.Amol R.Patil for the Petitioners Mr.Yogendra Pendse for the Respondent Nos.1 to 3

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CORAM : SMT. ANUJA PRABHUDESSAI, J.

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DATED:13^th JUNE, 2017.

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P.C.:-

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The Petitioners were dismissed from services. The Petitioners

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filed complaints alleging unfair labour practices. The Petitioner filed application for interim relief. By order dated 18/07/2016, the

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Kavita 16-wp-4358-17.doc

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learned Labour Court, Nashik directed the Respondent to reinstate the Petitioners or to pay 50% wages. The Petitioner as well as the Respondents challenged the said order before the Industrial Court Nashik. The learned member of the Industrial Court, by the impugned order dated 3/01/2017, set aside the order dated 18/07/2016 and directed the Labour Court to decide the interim application as early as possible. Aggrieved by the said order, the Petitioners have invoked the writ jurisdiction of this Court.

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The learned Counsel for the Petitioners submits that the Petitioners are out of service since 2015. The learned Counsel for the Petitioner under instructions stated that the Petitioners are not interested in pursuing the application for interim relief. He has urged that Directions be given to the Labour Court to decide the application on merits as expeditiously as possible.

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The learned Counsel for the Respondent has no objection for disposing of the complaints on merits.

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Considering that the Petitioners are out of employment, it would be in the interest of the Petitioners to dispose of the ULP complaints expeditiously.

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Kavita 16-wp-4358-17.doc

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Hence, with consent, the impugned order of the Labour Court and Industrial Court are set aside. The Labour Court is directed to decide and dispose of the ULP complaints on merits as expeditiously as possible, preferably within a period of 6 months from the date of the receipt of this order. The Writ Petitions stand disposed of accordingly.

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It is made clear that this Court has not considered merits or demerits of the case. The parties to appear before the Labour Court on 27^th June, 2017 at 11.00 a.m. All concerned to act on an authenticated copy of this order.

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(ANUJA PRABHUDESSAI, J.)

Ganesh Dipak Nikam v. the President, Nashik Jilha Maratha Vidya Prasarak Samaj Sevak Sahakar Society Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

Ganesh Dipak Nikam v. the President, Nashik Jilha Maratha Vidya Prasarak Samaj Sevak Sahakar Society Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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