This single-line order dismisses Writ Petition No. 5858 of 2011 for non-prosecution after observing no advocate for the petitioner. The court grants liberty to apply for restoration.
Liberty granted to petitioner and employees to apply for restoration of the Writ Petition and impleadment.
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.
15.WP.5858.2011.doc
HARSHADA H. SAWANT (P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.5858 OF 2011
Maharashtra General Kamgar Union .. Petitioner Versus M/s. Gharda Chemicals Ltd. .. Respondents
CORAM : MILIND N. JADHAV, J. DATE : OCTOBER 23, 2023
P.C.:
1. Heard Mr. Singh, learned Advocate for Respondent in Writ
Petition.
2. The Petitioner is not represented. I am informed that the
learned Advocate on record for the Petitioner has expired in the interregnum.
3. Prima facie, I see that two concurrent Awards passed against the employees whose cause is being espoused by the Petitioner – Union is the subject matter of challenge in the Petition. Petition cannot be kept pending on the record of the Court. Considering that after hearing the parties, Rule was granted by this Court as far back as in 2011, liberty is given to Petitioner to apply for restoration in the event if the Petitioner desires to do so. Considering the order passed in Writ Petition No.5856 of 2011 on 25.09.2023, liberty is further
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15.WP.5858.2011.doc
given to the employees concerned whose cause is being espoused by Petitioner – Union to also seek their impleadment and restoration of the Writ Petitions, if so desired.
4. With the above liberty, Writ Petition is dismissed for nonprosecution.
H. H. SAWANT
[ MILIND N. JADHAV, J. ]
Digitally signed HARSHADA by HARSHADAHANUMANT HANUMANT SAWANT SAWANT Date: 2023.10.23 18:18:14 +0530
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1 issue framed by the court
Whether to allow restoration of a Writ Petition dismissed for non-prosecution given the absence of the petitioner due to expiration of their advocate.
Maharashtra General Kamgar Union
M/s. Gharda Chemicals Ltd.
Milind N. Jadhav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
