Seth Nandlal Dhoot Hospital ... vs Aurangabad Mazdoor Union Citu ...
2016 Latest Caselaw 5865 Bom

                                            1




                                                                             
             IN THE HIGH COURT OF JUDICATURE OF BOMBAY   
                         BENCH AT AURANGABAD




                                                     
                            WRIT PETITION NO.9908 OF 2016

    Seth Nandlal Dhoot Hospital,
    Chikalthana MIDC, Aurangabad




                                                    
    Through its Authorized Signatory,
    Shri Prasenjit Ingole, Sr.Manager,
    (Personnel and Administration)                        --       PETITIONER




                                           
    VERSUS

    Aurangabad Mazdoor Union (CITU),
                              
    CITU BHavan, Shivaji High School Road,
    Aurangabad, through its
    General Secretary                                     --       RESPONDENT 

Mr.Ashok Patil and Mr.V.P.Golewar h/f Mr.A.R.Joshi, Advocates for the petitioner.

Mr.T.K.Prabhakaran h/f Mr.Vinod P.Patil, Advocate for the respondent.

( CORAM : RAVINDRA V. GHUGE, J.)

DATE : 05/10/2016

ORAL JUDGMENT :

1. Rule. Rule made returnable forthwith and heard finally by the

consent of the parties.

2. The petitioner is aggrieved by the impugned order dated

22/07/2016 passed by the Industrial Tribunal, Aurangabad, by

which Application Exhibit U-42, seeking production of documents in

Ref.(IT) No. 5/2010, has been allowed.

khs/OCT.2016/9908-d

3. I have heard the strenuous submissions of Mr.Patil alongwith

Mr.Golewar and Mr.Joshi, learned Advocates for the petitioner and

Mr.Prabhakaran alongwith Mr.Pawar on behalf of the respondent/

Union, on 04/10/2016 as well as today.

4. Considering the fact that the controversy has been reduced to a

minuscule aspect, I am not required to advert to their entire

submissions.

5. By the impugned order, the Industrial Tribunal has directed

production of pay sheets of 415 employees of the petitioner/hospital

for the period January 2010 to July 2015. It is thus stated by the

respective sides that the said order could be modified by directing the

production of pay sheets of such employees falling in the categories

stated below :-

    A.     Ward boys
    B.     Nurses





    C.     Aaya
    D.     Brothers
    E.     Sisters
    F.     Technicians
    G.     Employees   below   skilled   categories   but   not   including   the  

employees of personnel department .

H. Medical Practitioners, having no nexus with the pending

khs/OCT.2016/9908-d

proceedings, are excluded.

6. It is also submitted jointly that the pay sheets of the employees

falling in the above categories (A) to (G) for the period of January

2010 to July 2015, could be further restricted only to production of

such pay sheets of such employees for the said period only for the

months of January and July from 2010 till 2015 with flexibility of one

month on either side.

7. In the light of the above, this petition is partly allowed and the

impugned order dated 22/07/2016 stands modified with the above

directions. Since the proceedings originate from the charter of

demands raised in December 2009 and the Reference is pending from

2010, it is expected that the litigating sides will extend their

cooperation to the Industrial Tribunal for the expeditious disposal of

the reference proceedings. The Tribunal shall endeavour to dispose

off the said proceedings as expeditiously as possible and preferably

before the end of April 2017.

8. Rule is made partly absolute in the above terms.

( RAVINDRA V. GHUGE, J.)

khs/OCT.2016/9908-d