Bombay High Court
Vikram Dinkar Virkar vs The General Manager Of The Best on 5 September, 2024
2024:BHC-OS:13764
Gayatri Shimpi 33-IA(L)-10070-2024.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 10070 OF 2024
IN
WRIT PETITION NO. 4970 OF 2022
Vikram Dinkar Virkar ....Applicant/
Orig. Respondent
In the matter between:
The General Manager
of the BEST Undertaking ...Petitioner
V/s.
Vikram Dinkar Virkar ....Respondent
WITH
INTERIM APPLICATION (L) NO. 10071 OF 2024
IN
WRIT PETITION NO. 4846 OF 2022
WITH
INTERIM APPLICATION (L) NO. 10161 OF 2024
IN
WRIT PETITION NO. 4948 OF 2022
WITH
INTERIM APPLICATION (L) NO. 10164 OF 2024
IN
WRIT PETITION NO. 5155 OF 2022
WITH
INTERIM APPLICATION (L) NO. 10165 OF 2024
IN
WRIT PETITION NO. 4932 OF 2022
WITH
INTERIM APPLICATION (L) NO. 10658 OF 2024
IN
WRIT PETITION NO. 218 OF 2023
WITH
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Gayatri Shimpi 33-IA(L)-10070-2024.docx
INTERIM APPLICATION (L) NO.10729 OF 2024
IN
WRIT PETITION NO. 5177 OF 2022
__________________________________________________________
Mr. Mayuresh D. Nagle, for the Applicants.
Mr. Arsh Misra, for the Respondent.
___________________________________________________________
CORAM : SANDEEP V. MARNE, J.
Date : 5 SEPTEMBER 2024.
P.C. :
1) These Interim Applications are filed seeking clarification
in respect of the order dated 8 January 2024 passed by this
Court. In paragraph No. 8 (ii) of the order this Court has
directed as under :-
" The Petitioner-Undertaking shall be at liberty to conduct disciplinary
enquiry into the charge-sheets issued to the Respondents during
pendency of the complaints before the Industrial Court. The
Respondents shall not avoid participation in the enquiry only on the
ground of pendency of their complaints and shall co-operate with the
Disciplinary Authority and Enquiry Officer for expeditious conduct of
the disciplinary enquiry."
2) Mr. Nagle the learned counsel appearing for the
Applicants would invite my attention to the Judgment and
Order dated 14 December 2023 passed by 6 th Labour Court,
Mumbai in one of the complaints bearing Complaint (ULP) No.
52 of 2022 filed by the Applicants in which the learned Labour
Court has held in paragraph No. 37 as under :-
"37. The provisions of Certified Standing Order ceased to apply to
the Respondent Undertaking w.e.f. 26/07/2019 thus, the provisions are
repealed. Repealed means the abolition of law and if any law is
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abolished, it is considered void having no effects and it shall have no
force in the eyes of law. Giving charge-sheet and taking any action
under the repealed provision itself is nullity when the said Standing
Order does not exists. Therefore, any action including that of dismissal
of the Complainant amounts to victimization under Item 1(a) of
Schedule IV of the MRTU and PULP Act, 1971".
3) Operative part of the order dated 14 December 2023 read
thus :-
"(1) Complaint (ULP) No. 52 of 2022 is partly allowed.
(2) It is hereby declared that the Respondents are engaged in unfair
labour practice under Item No. 1(a) and 19b0 of Schedule-IV of the
MRTU and PULP Act, 1971.
(3) The Respondents are directed to cease and desist from such
unfair labour practices.
(4) The Respondents are directed not to terminate the services of
the Complainant in view of charge-sheet issued under the Certified
Standing Orders.
(5) Parties to bear their own costs".
4) Mr. Nagle would therefore submit that since the charge-
sheet itself is held to be illegal by the labour Court on 14
December 2023 i.e. before passing of order by this Court on 18
January 2024, the direction issued by this Court for conduct of
enquiry in paragraph 8 (ii) of the order needs to be recalled.
5) Mr. Misra would submit that the orders passed by the
Labour Court on 14 December 2023 are challenged before
Industrial Court by the BEST by filing revisions under Section
44 of the Maharashtra Recognition of Trade Unions and
Prevention of Unfair Labour Practices Act, 1971 ('MRTU' and
'PULP' Act), and that the Revision Petitions are pending.
6) It is therefore, clarified that implementation of direction
in paragraph 8 (ii) of the order dated 8 January 2024 would be
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Gayatri Shimpi 33-IA(L)-10070-2024.docx
subject to the BEST succeeding in revisions filed against the
orders dated 14 December 2023 passed by Labour Court. Since
the Labour Court has held the charge-sheet to be illegal, the
BEST would be in a position to proceed ahead in the charge-
sheets only in the event of the orders passed by the Labour
Court on 14 December 2023 being set aside.
7) With the above clarifications, Interim Applications are
disposed of.
[SANDEEP V. MARNE, J.]
GAYATRI RAJENDRA
RAJENDRA SHIMPI
SHIMPI Date:
2024.09.06
13:43:18 +0530
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