SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2007 Supreme(Bom) 1587

NISHITA MHATRE
Cipla Ltd. – Appellant
Versus
Anant Ganpat Patil – Respondent


Advocates:
Advocate Appeared:
Mr.C.U. Singh with P.D. Patel, Sanjay Udeshi and Mahesh Londhe for Petitioners
Mr.V.P. Vaidya for Respondent Nos.1 and 2
Mr.S.M. Shettigar for Respondent No.3

JUDGEMENT:

1. Rule. By consent of the parties, Rule made returnable forthwith and heard finally.

2. This petition challenges the order of the Industrial Court which has held that the petitioners have indulged in an unfair labour practice under Item 9 of Schedule IV of the MRTU & PULP Act. The Industrial Court has directed the petitioners to extend the benefits of the settlement dated 14.5.2004 to the respondent workmen (for short, hereinafter referred to as "workmen") with retrospective effect and to pay simple interest @ 15% per annum on the arrears. The petitioners have also been directed to pay costs of Rs.5000/- to the workmen.

3. The issue involved in the present petition is whether an individual workman can be denied benefits available under a settlement signed between the employer and a recognised union under section 2(p) read with section 18(1) of the Industrial Disputes Act if he does not submit an undertaking/declaration to the employer as stipulated under the settlement? FACTS: On 14.5.2004, a settlement was arrived at between Respondent No.3 which is a recognised union under the MRTU & PULP Act and the petitioners. This settlement was signed in accordance with sections 2

























Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top