IN

IN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

THE HIGH COURT OF JUDICATURE AT BOMBAY

THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE

APPELLATE

APPELLATE SIDE

SIDE

SIDE

WRIT

WRIT

WRIT PETITION NO. 3240 OF 2006

PETITION NO. 3240 OF 2006

PETITION NO. 3240 OF 2006

SETH SAHKARAM NEMCHAND JAIN

AUSHADALAYA VA RUGNALAYA,

SOLAPUR AND ANR.

...

ETITIONERS.

ETITIONERS.

ETITIONERS.

VS.

VS.

VS.

SHRI ANIL VYANKATESH

DESHPANDE AND ANR.

... RESPONDENTS.

MR. G.S. GODBOLE FOR THE PETITIONERS.

MR. KIRAN BAPAT I/B. AVINASH PATANGE FOR RESPONDENT

NO.1.

NO.1.

NO.1.

.....

.....

.....

CORAM

CORAM

CORAM : A.P.DESHPANDE, J.

: A.P.DESHPANDE, J.

: A.P.DESHPANDE, J.

DATE

DATE

DATE : February 6, 2007.

: February 6, 2007.

: February 6, 2007.

.....

.....

.....

P.C.

P.C.

P.C.

1.1.1.

By

By

By the present petition, a Trust, which

the present petition, a Trust, which

the present petition, a Trust, which

administers

administers

administers

Medical

College

at

Solapur,

which

is

Medical

College

at

Solapur,

which

is

Medical

College

at

Solapur,

which

is

regulated

regulated

regulated

by

the

provisions

of

Maharashtra

University

by

the

provisions

of

Maharashtra

University

by

the

provisions

of

Maharashtra

University

of

of

of

Health

Sciences

Act,

1998,

challenged

an

Order

Health

Sciences

Act,

1998,

challenged

an

Order

Health

Sciences

Act,

1998,

challenged

an

Order

passed

passed

passed

by

by

by

the

Labour

Court,

in

exercise

of

the

powers

the

Labour

Court,

in

exercise

of

the

powers

the

Labour

Court,

in

exercise

of

the

powers

under

under

under

Section

33(c)(2)

of

the

Industrial

Disputes

Section

33(c)(2)

of

the

Industrial

Disputes

Section

33(c)(2)

of

the

Industrial

Disputes

Act.

Act.

Act.

The

learned

Counsel

appearing

for

the

The

learned

Counsel

appearing

for

the

The

learned

Counsel

appearing

for

the

petitioners

petitioners

petitioners

submits

that

the

provisions

contained

in

submits

that

the

provisions

contained

in

submits

that

the

provisions

contained

in

Section

Section

Section

53

of

the

Act

ousts

the

jurisdiction

of

the

53

of

the

Act

ousts

the

jurisdiction

of

the

53

of

the

Act

ousts

the

jurisdiction

of

the

Labour

Labour

Labour

Court.

A

perusal

of

Section

53

of

the

Act

Court.

A

perusal

of

Section

53

of

the

Act

Court.

A

perusal

of

Section

53

of

the

Act

would

would

would

clearly

reveal

that

a

Grievance

Committee

set

clearly

reveal

that

a

Grievance

Committee

set

clearly

reveal

that

a

Grievance

Committee

set

up

up

up

solely

with

a

view

to

deal

with

the

grievances

of

solely

with

a

view

to

deal

with

the

grievances

of

solely

with

a

view

to

deal

with

the

grievances

of

the

the

the

employees

and

the

role

of

the

Grievance

Committee

employees

and

the

role

of

the

Grievance

Committee

employees

and

the

role

of

the

Grievance

Committee

appears

appears

appears

to

be

that

of

the

settler

of

the

grievances.

to

be

that

of

the

settler

of

the

grievances.

to

be

that

of

the

settler

of

the

grievances.

The

The

The

Grievance

Committee

has

no

power,

authority

or

Grievance

Committee

has

no

power,

authority

or

Grievance

Committee

has

no

power,

authority

or

jurisdiction

jurisdiction

jurisdiction

to

to

adjudicate

the

grievance/

dispute

to

to

adjudicate

the

grievance/

dispute

to

to

adjudicate

the

grievance/

dispute

and

and

and

to

render

a

binding

decision.

The

Grievance

to

render

a

binding

decis