Bombay High Court
The Mumbai International Airport Pvt. ... vs Indian Airport Employees Union And 2 Ors on 27 February, 2019
Author: A.K. Menon
Bench: A.K. Menon
notw232.18.odt
hcs
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.232 OF 2018 IN WP NO.322/2010
WITH
NOTICE OF MOTION (L) NO.96 OF 2013 IN WP NO.322/2010
WITH
CHAMBER SUMMONS NO.73 OF 2012 IN WP NO.322/2010
WITH
CHAMBER SUMMONS NO.39 OF 2012 IN WP NO.322/2010
WITH
WRIT PETITION NO.322 OF 2010
Indian Airport Employees Union .. Applicant.
In the matter between
Mumbai International Airport Pvt. Ltd. .. Petitioner.
Vs.
Indian Airport Employees Union & Ors. .. Respondents.
Mrs.Mitra Das with Ms.Jayeeta Das with Mr.H.N.Vakil, Solicitor, Mr.Vipul
Bilve and Mr.Kunal Kirpalani i/b Mulla & Mulla CBC for the Petitioner in
Writ Petition.
Ms.Jane Cox with Ms.Karishma Rao for the Applicant in NM No.232/2018
and original respondent no.1 in WP No.322/2010,
Mr.Madhu Nambiar i/b Law Point for Respondent No.2.
CORAM : A.K. MENON, J.
DATED : 27TH FEBRUARY, 2019 1/4 ::: Uploaded on - 02/03/2019 ::: Downloaded on - 22/03/2019 02:39:18 ::: notw232.18.odt P.C. :
1. By this Notice of Motion, original Respondent No.1 has sought vacating of the orders dated 30th March, 2010 and 5th January, 2011 by which this Court directed CGIT-2 not to proceed with Reference No.2/27 of 2003. By order dated 5th January, 2011 this petition came to be adjourned sine die with liberty to the parties to mention the matter after the Supreme Court decides SLP (Civil) No.1340 of 2010. The matter was adjourned sine die since the Supreme Court was seized of the issue whether the Tribunal was empowered to implead the petitioner in the Reference.
2. The present application has occasioned by virtue of the fact that Central Government has issued a corrigendum whereby the name of the petitioner has been added at Serial No.3 in the Reference pursuant to the order of the Ministry dated 2nd June, 2003. As a consequence an addendum has since been issued on 9th March, 2016. It is agreed between parties that by virtue of the addendum, the issue of "impleadment" pending before the Supreme Court will not come in the way of the Reference proceeding in view of the corrigendum and addendum referred to above.
3. In view of above, all counsel agree that the Tribunal may now proceed 2/4 ::: Uploaded on - 02/03/2019 ::: Downloaded on - 22/03/2019 02:39:18 ::: notw232.18.odt with the Reference as amended by virtue of the corrigendum and addendum.
4. On behalf of the petitioner, leave is sought to file a reply to Application Exhibit-85 filed by respondent no.1 union dated 27th October, 2008. It is not in dispute that the order of status quo which was granted on 21st October, 2008 presently continues to hold the field. In this view of the above the writ petition can be conveniently disposed by passing the following order :
(i) The impugned orders dated 11th February, 2008 (Exhibit-G and G-1) and the order dated 29th October, 2009 (Exhibit-N) passed by CGIT-2 in Reference 2/27 of 2003 are hereby quashed and set aside.
(ii) Respondent No.1 shall serve copies of the record and proceedings in the Reference No.2/27 of 2003 upon the Advocates for the petitioner within a period of two weeks from today.
(iii) The petitioner shall be at liberty to file a reply to application Exhibit-85 dated 27th October, 2008 within a period of eight weeks from the date of receipt of copies of the record and proceedings from respondent no.1.
(iv) The Central Government Industrial Tribunal shall in the first instance hear the application Exhibit-85 and thereafter the Reference no.2/27 on scheduled dates without granting unnecessary adjournments and pass reasoned orders. Till then the order of status 3/4 ::: Uploaded on - 02/03/2019 ::: Downloaded on - 22/03/2019 02:39:18 ::: notw232.18.odt quo in force shall continue to operate.
(vi) Writ Petition disposed in the above terms. No orders as to costs.
(vii) In view of disposal of the Writ Petition, Notice of Motion No.232/2018, Notice of Motion (L) No.96/2013, Chamber Summons No.73/2012 and Chamber Summons No.39/2012 also stand disposed.
(viii) Parties to act on an authenticated copy of this order.
(A.K. MENON,J.) 4/4 ::: Uploaded on - 02/03/2019 ::: Downloaded on - 22/03/2019 02:39:18 :::