1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4437 OF 2008 Royal Connaught Boat Club ..Petitioner. Vs. Pune Mazdoor Sabha ..Respondent. .... Mr. C.U. Singh, Senior Advocate with Mr. Kiran S. Bapat and Mr. A.D. Patwardhan for the Petitioner. Mr. P.M. Hudder with Mr. M.S. Kumthekar for the Respondent. .... CORAM: DR. D.Y. CHANDRACHUD, J. 24th June, 2008. P.C. : 1. At the hearing of the Petition, Counsel appearing for the Petitioner submitted before the Court that it has all along been the case of the Petitioner that the 18 workmen to whom Complaint (ULP) 28 of 2008 relates have never been terminated from service but, that the case of the management was that it was ready and willing to provide work to them and take them back on duty provided they furnish an undertaking of good behaviour. Counsel appearing for the Respondent union has stated that all the 18 employees would individually furnish an undertaking of good behaviour and subject to the management taking them on duty, 2 the complaint of unfair labour practices may be permitted to be withdrawn. In the circumstances, by consent the following order is passed : i) Counsel appearing for the Petitioner states that subject to the 18 workmen covered by Complaint (ULP) 28 of 2008 furnishing an undertaking of good behaviour within a period of one week from today, the Petitioner would forthwith permit the workmen to report for work and provide work and wages to the workmen; ii) Counsel appearing for the Respondent has stated that in pursuance of the submission made on behalf of the management as recorded in Clause (i) herein above, the workmen shall individually tender undertakings of good behaviour within a period of one week from today and report for work simultaneously therewith; iii) In view of the aforesaid arrangement which has been arrived at between the parties, Counsel appearing for the Respondent states that the Respondent would apply for withdrawal of Complaint (ULP) 28 of 2008 and reference (ULP)1 of 2008 with 3 liberty reserved to pursue such remedies as are open in law for the payment of backwages during the interregnum; iv) It is agreed between the parties that this shall be without prejudice to the right of the management to take recourse to disciplinary proceedings if it is so advised in accordance with law. The workmen would be entitled to such remedies as are available in law in respect thereof. The Petition is accordingly disposed of in the aforesaid terms and the order of the Labour Court dated 9th May 2008 and of the Industrial Court at Pune dated 13th June, 2008 shall stand set aside and be substituted by the aforesaid arrangement which has been arrived at between the parties. *****