:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 818 OF 2008 IN WRIT PETITION NO. 86 OF 2008 The Associated Cement Companies Limited (Now Known as ACC Limited) ..Applicant Vs. Associated Cement Staff Union ..Respondent Mr. J.P. Cama, Senior Advocate i/by M/s. Haresh Mehta and Co. for applicant. Mr. P.M. Patel for respondent. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. Date : March 28, 2008. Date : March 28, 2008. Date : March 28, 2008. P.C.: P.C.: P.C.: 1. Heard Mr. Cama, the learned Senior Counsel i/by M/s. Haresh Mehta and Co. for the petitioner and Mr. Patel for the respondent - Union. 2. This application prays for modification of the order dated 31/1/2008 passed in Writ Petition No. 86 of 2008. Admittedly, the said order was carried in :2: LAP Nos.27 and 28 of 2008. Both the appeals have been disposed off on 15/2/2008 by granting liberty to the parties to mention before the Single Bench for early hearing. The order dated 31/1/2008 passed in Writ Petition Nos.71 and 86 of 2008 has clearly directed to list the petitions for final hearing in the week commencing from 7/7/2008. 3. After this application was heard for some time, it was adjourned so as to facilitate the parties to arrive at an amicable settlement in regard to the disbursement of the amount of special allowance to those employees who are not presently in the service of the Company and also to those who are presently in service of the Company as well as withdrawal of Complaint (ULP) No. 84 of 2008 filed by the Union before the Industrial Court at Mumbai. With the intervention of the learned counsel for the respective parties, they have arrived at an amicable settlement, the terms of which are reduced in writing by way of "Minutes of the Order". The same is taken on record and marked as "X" for identification. :3: 4. By consent of the parties, the Civil Application is disposed off in terms of the Minutes of the Order. 5. Mr. Patel the learned counsel for the Union submitted that as per the prevailing practice, some percentage of arrears is deducted by way of donation to the Union from the arrears payable to every such employee covered by the award/settlement and the Union request the company to follow the same even while implementing the impugned award. I am sure if such a representation is submitted by the Union to the Company to follow the prevailing practice for deduction of 7.5% of the donation amount towards the Union fund, the same will be considered by the Company in keeping with the past tradition and it is made clear that such a deduction would not be towards the Union subscription/membership fees. (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)