Disposed

Johnson Matthey Chemicals India Pvt. Ltd. v. Dharmarajya Kamgar Karmachari Mahasangh and Ors.

Bombay HC21 Oct 2021WP/6119/2021

Case brief

AI extract

What is this about?

On consent of parties, the court quashed the interim order of the Industrial Court and remanded the complaint to the Industrial Court for final disposal within eight months, with specific directions regarding pending proceedings and potential asset sales.

What did the court decide?

Quashing of interim order; remand of Complaint ULP No.108 of 2021 to Industrial Court for disposal within eight months; directions regarding restraint on sale proceeds.

Johnson Matthey Chemicals India Pvt. Ltd. Vs… — Writ and Judicial Review | Bombay HC (2021)

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Digitally signed PRASHANT by PRASHANTVILAS RANE VILAS Date: RANE 2021.10.2611:33:21 +0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.6119 of 2021

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M/s.Johnson MattheyChemicals India Pvt.Ltd....Petitioner.
Vs.
Dharmarajya Kamgar Karmachari Mahasangh & Ors.… Respondents

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Mr.J.P.Cama, Senior Advocate with Mr.Indrajeet R.Hingane, for the
Petitioner.

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Ms.Jane Cox i/b. Ghanashyam R.Thombare, for Respondent No.1.

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CORAM : G.S. KULKARNI, J.
DATE : 21th October, 2021
----

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P.C.:

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1. This petition was heard extensively on the earlier two occasions. It

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would have been easier for the Court to decide the issues which fell for
consideration of the Court and so effectively argued by the learned
Counsel for both the parties. However, the temptation to decide was
required to be resisted, considering the larger interest of the parties, and
more particularly, considering the fact that the proceedings have arisen
from the interim orders passed by the Industrial Court.

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2. The discussion as transpired in the Court has led the parties to arrive at a consensus which is to the effect that by consent of the parties,

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the issues as arising in the present proceedings, be finally decided in the
pending proceedings of Complaint ULP No.108 of 2021. The parties are
in agreement that issues touching the interim adjudication leading to the
interim order dated 16 July 2021 passed by the Industrial Court
involved evidence to be led and hence, interest of the parties would be
to have a final adjudication of the proceedings before the Industrial
Court.

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3.In view of such consensus, the parties have agreed that the
interim order dated 16 July 2021 passed by the learned Member of the
Industrial Court on the said Complaint be set aside, and the proceedings
be remanded to the Industrial Court to be decided finally. It is also
prayed that in the peculiar facts and circumstances of the case, a
direction be issued to the Industrial Court to make an endeavour to
decide the complaint expeditiously and within a period of six months
from today.

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4.It was an anxiety of the respondents that pending the final
disposal of the Complaint before the Industrial Court, a prejudice would
be caused to the respondents, if the petitioner sells the plant and
machinery of the NICAT Division, and in that event, some protection be
granted. In this regard it is fairly agreed by the petitioner that in such

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event, the petitioner shall not part with the money received from any
such sale, for a period of one month and after a notice to that effect is
served on respondent no.1.

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5. In view of the above consensus, the petition shall stand disposed in terms of the following order:-

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ORDER

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(i)By consent of the parties, the impugned order dated 16 July 2021
passed in Complaint ULP No.108 of 2021 passed by the Industrial Court,
Thane, is quashed and set aside.

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(ii)The parties stand relegated to the Industrial Court to participate
in the pending proceedings so that the same are disposed of
expeditiously.

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(iii)Learned Presiding Officer of the Industrial Court shall make an
endeavour to finally dispose of the Complaint ULP No.108 of 2021 as
expeditiously as possible within a period of eight months from today.

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(iv)Pending the final disposal of the Complaint ULP No.108 of 2021,
if the petitioner intends to sell the plant and machinery belonging to
NICAT Division, the petitioner shall not part with the amounts received
from such sale for a period of one month from the date of the intimation
of the receipt of the amount being served on respondent no.1.

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(v) All contentions of the parties on the pending proceedings are

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expressly kept open.

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(vi)Learned Counsel for the petitioner has made a statement that in
the event the petitioner decides to reopen the NICAT Division, a one
month’s notice to that effect shall be issued to respondent no.1, although
it is stated that as on date there is no intention to reopen the same.

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(vii) Disposed of in the above terms. No costs.

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 (G.S. KULKARNI, J.)

Johnson Matthey Chemicals India Pvt. Ltd. v. Dharmarajya Kamgar Karmachari Mahasangh and Ors.

Case brief

What is this about?

What did the court decide?

Johnson Matthey Chemicals India Pvt. Ltd. v. Dharmarajya Kamgar Karmachari Mahasangh 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

Case details

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