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Bombay High Court

Mahindra Sintered Products Ltd., ... vs Bharatiya Kamgar Sena Mumbai And 2 Ors. on 10 July, 2025

Author: Ravindra V. Ghuge

Bench: Ravindra V. Ghuge

          Digitally
          signed by
          SUNNY
SUNNY     ANKUSHRAO
ANKUSHRAO THOTE
THOTE     Date:
          2025.07.14
          16:36:45
          +0530
                                                                              913-LPA-147-2011-(C).odt




                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                            CIVIL APPELLATE JURISDICTION

                                      LETTERS PATENT APPEAL NO. 147 OF 2011
                                                       IN
                                          WRIT PETITION NO. 3859 OF 1997

                        M/s Mahindra Sintered Products Ltd.               ...Appellant
                              Versus
                        Bharatiya Kamgar Sena & Anr.                      ...Respondents

                                                     WITH
                                        CIVIL APPLICATION NO. 327 OF 2013
                                                       IN
                                      LETTERS PATENT APPEAL NO. 147 OF 2011

                        S.S. Bhosale & Ors.                               ...Applicants
                              Versus
                        Bharatiya Kamgar Sena & Ors.                      ...Respondents

                                                     WITH
                                      LETTERS PATENT APPEAL NO. 144 OF 2011
                                                      IN
                                         WRIT PETITION NO. 3936 OF 1998

                        M/s. Mahindra Sintered Products Ltd.              ...Appellant
                              Versus
                        Rajaram Vilas Shendkar & Ors.                     ...Respondents


                        Mr. D.J. Bhange, Advocate for the Appellant in LPA/147/2011 &
                        LPA/144/2011.
                        Mr. Arshad Shaikh, Senior Advocate a/w Mr. Ranjit Agashe, Ms.
                        Namrata Agashe, Mr. Rajendra Jain, Mr. Pranil Lahigade, Mr. Aniket
                        Pardeshi i/by Miss Vinsha Acharya, Advocate for Respondent Nos.4,
                        7, 9, 15, 24 & 25.




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                                                               913-LPA-147-2011-(C).odt




                               CORAM : RAVINDRA V. GHUGE
                                              &
                                        GAUTAM A. ANKHAD, JJ.
                                DATE      : 10th JULY, 2025

 P.C. :-


1. We have briefly heard the learned Senior Advocate, Mr. Shaikh, on behalf of the Union and the learned Advocate, Mr. Bhange, on behalf of the Appellant, via video conferencing as well as cellphone audio/ loud speaker system.

2. This is a 14 years old LPA in relation to a Writ Petition of 1997, which has been decided on its merits, in view of the Judgment of the Industrial Court dated 30th June, 1997 in Complaint (ULP) Nos.169 of 1993 and 493 of 1993, wherein eight Employees were granted permanency by the Industrial Court. In these peculiar facts, we are uncomfortable in adjourning the matter.

3. Both the learned Advocates have suggested that this matter be treated as part-heard and they would submit written notes of submissions.

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4. We are listing these matters on 17th July, 2025 at 3:00 p.m., to receive the written notes of submissions from both the sides.





 (GAUTAM A. ANKHAD, J.)                   (RAVINDRA V. GHUGE, J.)




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