The High Court of Judicature at Bombay, via Clement Stephen Gupta J., agreed to quash an interim order of the Industrial Court and remanded the matter for a fresh hearing under the MRTU & PULP Act, 1972.
Impugned order quashed; application remanded for fresh hearing in accordance with law.
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
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.1043 OF 2020
The Rayat Sevak Cooperative
Bank Ltd., Satara And Ors....Petitioners
vs
Shri. Vaibhav Kashinath Phalle...Respondent
Mr. K.S. Bapat, a/w. Mr. T.R. Yadav, i/b. Mr. Avinash H. Fatangare, for
the Petitioners.
Mr. Sandeep S. Koregave, for the Respondent.
CORAM : S.C. GUPTE, J.
DATED: 26 FEBRUARY, 2020
P.C. :
.Heard learned Counsel for the parties.
2.This writ petition challenges an order passed by the
Industrial Court at Kolhapur on an interim application made under
Section 30 (2) of MRTU & PULP Act, 1972. The application was made
in a complaint of unfair labour practice under items 3, 9 and 10 of
Schedule IV of that Act.
3.After the matter is heard at some length, it is agreed
between the parties that the impugned order may be quashed and set
aside and the application, Exhibit U-2, may be remanded to the
Industrial Court for a fresh hearing in accordance with law. It is ordered
accordingly.
4.The Petitioners herein will be entitled to place such
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wp1043-20.doc
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additional material/evidence before the court as it may deem fit. So
also, in case any additional material is placed by the Petitioner before
the court, the Respondent shall be at liberty to place material/evidence
before the court as it may deem fit. All rights and contentions of the
parties on merits are kept open. Ad-interim order operating in the
complaint pending determination of Exhibit U-2 shall continue to
operate. The Industrial Court is requested to dispose of Exhibit U-2 as
expeditiously as possible and preferably within a period of three months
from today. Both parties shall appear before the Industrial Court on 6
March 2020 at 11.00 a.m. and produce an authenticated copy of this
order. The Industrial Court may, thereupon, fix the schedule of hearings
and dispose of the complaint in a time bound manner. The complainant
shall co-operate with the Industrial Court and not seek any adjournment
so as to enable the court to dispose of the application in terms of this
order.
Digitally signed by Smita Smita Gonsalves Gonsalves Date: 2020.03.0217:20:25 +0530
( S.C. GUPTE, J. )
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1 issue framed by the court
Whether the order of the Industrial Court dismissing the interim application should be quashed on agreed terms.
2 provisions across 1 enactments
The Rayat Sevak Cooperative Bank Ltd. and Ors.
Shri. Vaibhav Kashinath Phalle
S.C. Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court