1 wp10963.10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 10963 OF 2010 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mr. V.R. Mundada, Advocate for petitioners. Mr. Y.I. Thole, Advocate for respondents. CORAM : B.P. DHARMADHIKARI, J. DATE : 7TH APRIL, 2011 After hearing respective counsel yesterday, Court felt that if the respondents numbering about 18 are compensated, the petitioners before this Court can be given chance to contest the matter on merits as the period of five years is already lost. 2. It is important to mention that both the petitioners before this Court are one and the same person and the respondents (workers) in their anxiety to expedite the matter, have joined Company at its registered office and also at its head office as separate respondents before the Industrial Court. The registered company which has got technical support can not be permitted to take advantage 2 wp10963.10 of such joinder by workers. 3. Today, upon instructions, Advocate Mr. V.R. Mundada states that the petitioners are ready and willing to pay cost of Rs. 40,000/- by depositing the same before the Industrial Court at Aurangabad. In view of this statement, Advocate Mr. Y.I. Thole has no objection provided the amount is permitted to be withdrawn by respondents. 4. In the circumstances, the petitioners to deposit the amount of Rs. 40,000/- as cost for respondents within a period of two weeks from today before the Industrial Court at Aurangabad. After the amount is deposited, the respondents are permitted to withdraw the same. 5. Subject to such deposit the impugned orders are quashed and set aside. The petitioner company is permitted to file its appropriate written statement on record before the Industrial Court within further period of six weeks thereafter. After such written statement is received, the Industrial Court shall attempt to decide the ULP Complaint itself on merits as early as possible and in any case by 31.10.2011. 6. Interim orders granted by the Industrial Court shall continue to operate till 31.10.2011. 3 wp10963.10 7. With these directions and observations, the present Petition is disposed of. No costs. (B.P. DHARMADHIKARI) JUDGE gas/wp10963.10