Vidarbha Irrigation Development ... vs Member Industrial Court Nagpur ...
2016 Latest Caselaw 3763 Bom

    4-WP-4872,4947&6073-05                                                            1/3


                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                              
                           NAGPUR BENCH, NAGPUR.




                                                      
                             WRIT PETITION NO.4872 OF 2005


    Vidarbha Irrigation Development 
    Corporation, Thr. Its Executive Engineer, 




                                                     
    Minor Irrigation Division, Wardha                    ... Petitioner. 

    -vs-




                                                
    1.  Member, Industrial Court, Nagpur.

    2.  Judge, Labour Court, Wardha.
                                     
    3.  Devrao s/o Sangrami Kawrati
                                    
         C/o Patbandhare Karmachari Sanghatana 
         Vitthal Mandir Road, Wardha.                    ... Respondents.  


                                           WITH
             


                             WRIT PETITION NO.4947 OF 2005
          



    Vidarbha Irrigation Development 
    Corporation, Thr. Its Executive Engineer, 
    Minor Irrigation Division, Wardha                    ... Petitioner. 





    -vs-

    1.  Member, Industrial Court, Nagpur.





    2.  Judge, Labour Court, Wardha.

    3.  Nana Shankar Lunge, 
         C/o Patbandhare Karmachari Sanghatana 
         Vitthal Mandir Road, Wardha.                    ... Respondents.  
                                           WITH
                             WRIT PETITION NO.6073 OF 2005

    Vidarbha Irrigation Development 
    Corporation, Thr. Its Executive Engineer, 



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     4-WP-4872,4947&6073-05                                                                      2/3


    Minor Irrigation Division, Wardha                              ... Petitioner. 




                                                                                        
    -vs-




                                                                
    1.  Member, Industrial Court, Nagpur.

    2.  Judge, Labour Court, Wardha.




                                                               
    3.  Waman Keshav Bhakre, 
         At Post-Patbandhare Karmachari Sanghatana 
         Vitthal Mandir Road, Wardha.                              ... Respondents.  




                                                   
    Shri S. K. Bhoyar, Advocate for petitioner. 
                                      
    Shri   K.   L.   Dharmadhikari,   Assistant   Government   Pleader   for   respondent
    Nos.1 and 2. 
    Shri S. R. Bhangade, Advocate for respondent No.3 in W.P.No.4872/05. 
                                     
                                                      CORAM  : A.S.CHANDURKAR, J. 

DATE : July 12, 2016

Common Judgment :

All these writ petitions can be decided by this common judgment

in view of the fact that in identical writ petitions this Court has upheld the

order passed by the Labour Court granting the application for amendment

which order was maintained by the Industrial Court.

2. In separate complaints filed by the concerned employees, they had

moved an application for amendment pleading therein that the activities

carried out by the petitioner-Corporation were that of an industry and hence

the complainants were covered by provisions of Section-2(s) of the Industrial

Disputes Act, 1947. The Labour Court allowed said amendment application

4-WP-4872,4947&6073-05 3/3

and the Industrial Court dismissed the revision application.

3. Shri S. K. Bhoyar, the learned counsel for the petitioner states that

other writ petitions raising identical challenge were decided on 21/11/2013

by rendering judgment in W.P.No.4939 of 2005 with connected matters.

Hence for reasons mentioned in the aforesaid judgment, these writ petitions

stand dismissed with no order as to costs. However, in the facts of the case,

the complaints pending before the Labour Court are directed to be decided

expeditiously.

Rule stands discharged in all above writ petitions.

JUDGE

Asmita