Bombay High Court
All India Abbott Employees Union vs Abbott India Ltd. And Anr on 22 November, 2022
Author: Nitin W. Sambre
Bench: Nitin W. Sambre
(21)-WP-2970-19 & WPL-20938-22.doc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
Digitally
BALAJI
signed by
BALAJI
GOVINDRAO
GOVINDRAO PANCHAL
WRIT PETITION NO.2970 OF 2019
PANCHAL Date:
2022.11.22
17:25:39
WITH
CHAMBER ORDER NO.160 OF 2022
+0530
All India Abbott Employees Union & Anr. ..Petitioners
Versus
Abott India Ltd. & Anr. ..Respondents
WITH
WRIT PETITION (L) NO.20938 OF 2022
All India Abott Employees Union ..Petitioner
Versus
Abbott India Ltd. & Anr. ..Respondents
Mr. Sanjay Singhavi, Senior Counsel a/w Rahil Fazelbhoy i/by Karishma
Rao, for the Petitioner No.1 in WP No.2970/2019 & for Petitioner in WPL
No.20938/2022.
Mr. Vishwajit Sawant, Senior Counsel a/w Nutan Patankar i/by Nutan
Patankar, Tanaya Patankar & Arun Lamber, for the Respondents in both
Petitions.
CORAM : NITIN W. SAMBRE, J.
DATE : 22nd NOVEMBER, 2022 P.C.
1. The complaint came to be initiated under the provisions of MRTU & PULP Act alleging that the transfer is in contravention to the settlements arrived at between the employer and the union.
2. This Court on 8th November, 2019, by a reasoned order granted rule and interim relief in the matter.
3. There are subsequent developments in the matter whereby BGP. 1 of 2 (21)-WP-2970-19 & WPL-20938-22.doc.
the employee who was transferred has chosen not to pursue the petition along with the union and it appears that he has abandoned the present proceedings.
4. In the backdrop of the orders passed by this Court on earlier occasion, another writ petition challenging the the very same order is taken out by the union being Writ Petition (L) No.20938 of 2022.
5. As far as the complaint preferred by the petitioner/union is concerned, the cause cited for such complaint is based on the incident of transfer of a employee who perhaps is not willing to prosecute the petition.
6. In this background, whether the petition at the instance of the union can be heard and maintained in relation to such incident of transfer is an issue which needs to be addressed in the backdrop of the fact that the complaint is based on the incident of transfer of an individual workman.
7. Reliance is placed on the provisions of Section 18 of the Industrial Disputes Act by Mr. Vishwajit Sawant appearing for the respondents so as to claim that the petition itself is not maintainable.
8. Mr. Sanjay Singhavi seeks time to address the same.
9. Stand over to 6th December, 2022.
[NITIN W. SAMBRE, J.]
BGP. 2 of 2