Prakash Balu Kadam vs Konkan Railway Corporation Ltd. ...
2021 Latest Caselaw 761 Bom

                                                                             1-WPST-21690-19.doc

             Sharayu Khot.
                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                       WRIT PETITION (ST) NO. 21690 OF 2019


                   Prakash Balu Kadam                                      ...Petitioner

                             Versus

                   Konkan Railway Corporation Ltd. & Ors.                  ...Respondents

                                                        ----------
                   Mr. Vicky Nagrani, for the Petitioner.
                   Mr. Arsh Misra a/w Ms. Kavita Anchan, i/by M.V. Kini & Co., for the
                   Respondents.
                                                        ----------

                                                        CORAM :          K.K. TATED &
                                                                         R.I. CHAGLA, JJ.

                                                        DATE         :   2 February 2021

                   ORDER :

1. Heard the learned Counsel for parties.

Sharayu P. Khot

2. During the course of arguments on 1st February 2021, Digitally

the learned Advocate Mr. Misra appearing on behalf of the signed by Sharayu P.

Khot Date:

2021.02.05 17:06:04 +0530

Respondents raised objection about maintainability of the present

Petition itself. He submits that the Petitioner has already preferred

the reference under Section 2(a) of the Industrial Disputes Act, 1967

1-WPST-21690-19.doc

for conciliation on 1st March 2016 and same is pending for hearing

and final disposal on its own merits. He has also relied on paragraph

19 of the present Petition in which the Petitioner has himself made an

averment to that effect.

3. Learned Counsel for the Respondents submitted that in

view of the judgment of the Apex Court in the matter State Bank of

India & Ors. Vs. State Bank of India Canteen Employees' Union &

Ors.1, the present Petition is not maintainable.

4. Hence, at the request of the learned Advocate for the

Petitioner, matter was posted today to take appropriate decision.

5. Today, the learned Counsel Mr. Nagrani appearing on

behalf of the Petitioner submits that he received instructions from his

client to withdraw the present Writ Petition with liberty to pursue his

dispute before the concerned authority. He also seek liberty to file

appropriate application. To that effect, he has given in writing. Same

is taken on record and marked 'X' for identification. Hence, we pass

the following order:-

1 (1998)5 SCC pg. 74

1-WPST-21690-19.doc

(i) Writ Petition stands disposed of as withdrawn with liberty

as prayed.

(ii) No order as to costs.

[R.I. CHAGLA J.] [K.K. TATED, J.]