M/S. J. D. Orgo Chem Ltd.(Formerly ... vs Dyes And Chemical Workers Union
2023 Latest Caselaw 3353 Bom

2023:BHC-AS:10092
            SWAROOP Digitally
                    by SWAROOP
                              signed

            SHARAD SHARAD PHADKE
                    Date: 2023.04.03
            PHADKE 18:38:55 +0530
                                                                                          5 wp 6394 of 2007.doc

                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION
                                       WRIT PETITION NO.6394 OF 2007

            M/s. J.D.Orgo Chem Ltd. & Ors.                          ...     Petitioners
                   versus
            Dyes and Chemical Workers Union                         ...   Respondent

            Mr. A.K.Jalisatgi for Petitioners.
            Ms. Bhavana Mhatre, for Respondent.
            Mr. Kamlesh Singh, Manager of Petitioner No.1 present.
            Mr. S.L.Gawde, General Secretary of Respondent present.

                                        CORAM:        N.J.JAMADAR, J.

                                        DATE :        3 APRIL 2023

            P.C.

1. Heard the learned Counsel for the parties.

2. The learned Counsel make a joint statement that the parties have

amicably resolved the dispute and Memorandums of Settlement dated 2 September

2022 have been executed. The learned Counsel seek leave to tender Consent Minutes

of Order. Copies of Memorandums of Settlement are annexed to the Consent Minutes

of Order.

3. Leave granted.

4. Consent Minutes of Order are taken on record.

5. Mr. Kamlesh Singh, Manager (Operations) of the Petitioner No.1 and

Mr. S.L.Gawde, General Secretary of the Respondent Union are present in Court.

6. They admit the contents of the Consent Minutes of Order and the

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5 wp 6394 of 2007.doc

execution thereof.

7. It seems that the parties have executed Memorandums of Settlement

and the dispute is resolved voluntarily and there is no coercion or duress.

8. Hence, the Petition stands disposed in accordance with the Consent

Minutes of Order 'X', reproduced below :

CONSENT MINUTES OF ORDER "1.By consent of the parties the order and judgment dated 7 July 2007 passed by the Industrial Court, Thane in Complaint (ULP) No.508 of 2000 is quashed and set aside.

2. The parties have entered into settlements dated 2 nd September 2022. A copy of the each of the two settlements is annexed hereto and marked as Exhibit 1 and 2. The parties shall abide by the terms and conditions of the said settlement.

3. The Petitioner has already paid the entire amount arising out of the settlements mentioned in para (2) hereinabove to the workmen.

4. The Petitioner has furnished a bank guarantee in the sum of Rs.40,00,000/- (Rupees Forty Lakh only) pursuant to the order dated 14 September 2007 passed in the above matter. The said bank guarantee stands discharged.

5. The Petition is disposed of in above terms with no order as to cost."

( N.J.JAMADAR, J. )

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