Petitioners filed claims before the Industrial Court which remain unadjudicated. Halt on Industrial Court proceedings suggested settlement with funds appropriated. Writ petition disposed as parties to proceed in Industrial Court per law.
Rule discharged; parties to prosecute claims in Industrial Court.
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.
213-WP.245.2005
jvs
SALUNKE
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 245 OF 2005
J V
Digitally signed by SALUNKE J V Date: 2023.01.10 11:54:56 +0530
M. V. Joseph and Ors. } Petitioners Versus Morani Chemicals Pvt. Ltd. & Ors. } Respondents
Ms. Hutoxi Tavadia for the petitioners. Mr. K. S. Dewal for respondent no. 3.
CORAM: S. V. GANGAPURWALA, Act.CJ.& SANDEEP V. MARNE, J. DATE: JANUARY 9, 2023
P.C.:
1. The learned advocate for the petitioners submits that in fact the petitioners have also filed claims before the Industrial Court. The claims are not yet adjudicated. If the claims are not yet adjudicated, it would not be possible for this Court to pass a specific order in regard to the alleged claims of the petitioners. In fact, the affidavit filed by the respondents suggests that out of Court settlement was arrived at and moneys received are already appropriated.
2. The learned advocate for the petitioners submits that after the claims are adjudicated by the Industrial Court and if the petitioners are aggrieved, then, the petitioners would assail the same.
3. In light of that, the writ petition stands disposed of. The petitioners may prosecute their claims in Industrial Court as per the permissible law. Depending upon the decision of the Industrial Court, the parties may take steps.
4. Rule is discharged.
(SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE)
1
1 issue framed by the court
Whether the writ petition can be decided when the underlying claims before the Industrial Court are not yet adjudicated.
M. V. Joseph and Ors.
Morani Chemicals Pvt. Ltd. & Ors.
S. V. Gangapurwala
Sandeep V. Marne
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
