Bombay High Court
Union Of India vs State Of Maharasthra And 3 Ors on 7 February, 2020
Author: S.C. Gupte
Bench: S.C. Gupte
1 21) WP12-2020.doc
SAS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.12 OF 2020
Union of India & Ors. ..Petitioners.
V/s.
State of Maharashtra & Ors. ..Respondents.
Mr.Vinod Doshi with Ms.Lata Patne, Ms.Krutika Patil & Ms.Minal
Patil for the Petitioners.
Mr.Sukanta Karmarkar, AGP for Respondent Nos.1 to 3-State.
CORAM : S.C. GUPTE, J.
DATE : FEBRUARY 7, 2020
P.C. :-
This writ petition challenges the certifcate issued by the Industrial Court at Mumbai on an application under section 50 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (MRTU and PULP) and the attachment orders issued by the authorities in pursuance of that order.
2. Essentially, the grievance of the party afected by the impugned order, namely, United Nations Children Fund (UNICEF), on whose behalf the present petition is fled by the Union of India, is that under the United Nations (Privileges and Immunities) Act, 1947, United Nations and its property and assets, wherever located and by whomsoever held, enjoy ::: Uploaded on - 13/02/2020 ::: Downloaded on - 08/06/2020 00:14:50 ::: 2 21) WP12-2020.doc immunity from every form of legal process. There is clearly prima facie merit in the contention. The petition deserves to be considered.
3. Issue notice accordingly for fnal hearing. Notice is made returnable on March 3, 2020.
4. Learned AGP for the State (representing Respondent Nos.1, 2 and 3) waives service.
5. In the meantime, the impugned judgment and order on June 26, 2019 and Recovery Certifcate dated July 29, 2019 as well as the attachment order passed in respect of the bank account of UNICEF shall remain stayed.
(S.C.GUPTE, J.) ::: Uploaded on - 13/02/2020 ::: Downloaded on - 08/06/2020 00:14:50 :::