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2024 Supreme(Bom) 107

SANDEEP V. MARNE
Electropneumatics And Hydraulics India Pvt. Ltd. – Appellant
Versus
Appasaheb M. Todmal – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. J. P. Cama, Senior Advocate a/w Mr. Varun Rajiv Joshi and Mr. Chetan Arvind Alai
For the Respondent:Mr. A. S. Rao for Respondents in both Petitions.

JUDGMENT :

1) These Petitions are filed by Electropneumatics and Hydraulics India Pvt. Ltd. challenging two separate Judgments and Orders passed by Industrial Court Pune, on 2 May 2023, by which Petitioner-Company is directed to give wage rise to the Respondents as per settlement dated 30 June 2010 and 7 September 2013 alongwith arrears from the date of respective settlement agreements. Writ Petition No. 9522 of 2023 arises out of dispute relating to Memorandum of Settlement dated 30 June 2010 executed with the recognized union relating to the period from 1 July 2010 to 30 June 2013. Writ Petition (St) No.16992 of 2023 arises out of the Memorandum of Settlement dated 4 September 2013 executed with recognized union in respect of period from 1 September 2013 to 31 August 2016. The issue is about entitlement of the Respondents, who are not members of the recognized union, to receive the benefits under the Memorandum of Settlement without signing the undertakings provided for in the settlement.

2) Briefly stated, facts of the case are that the Petitioner-Company is engaged in the activities of manufacture of machine tools and operates a factory at Chakan, District Pune. Petitioner had ap

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