IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION Appeal No.32 of 2008 Appeal No.32 of 2008 Appeal No.32 of 2008 in in in Writ Petition No.1297 of 2007 Writ Petition No.1297 of 2007 Writ Petition No.1297 of 2007 Airports Authority of India ..Appellant (Org. Petitioner) versus Indian Airport Kamgar Union & Another ..Respondents alongwith alongwith alongwith Appeal No.33 of 2008 Appeal No.33 of 2008 Appeal No.33 of 2008 in in in Writ Petition No.1298 of 2007 Writ Petition No.1298 of 2007 Writ Petition No.1298 of 2007 Airports Authority of India ..Appellant (Org. Petitioner) versus Indian Airport Kamgar Union & Another ..Respondents Mr.S.S.Patil for the Petitioner Mr.Anand Grover with Monica Subharam for Respondents. Coram : Swatanter Kumar, C.J. & Coram : Swatanter Kumar, C.J. & Coram : Swatanter Kumar, C.J. & J.P.Devadhar, J. J.P.Devadhar, J. J.P.Devadhar, J. Dated : 21st January, 2008 Dated : 21st January, 2008 Dated : 21st January, 2008 P.C. 1. Heard learned counsel appearing for the parties. By this Order we dispose of both the appeals as they are based on similar facts and have raised the similar arguments. 2. The learned Single Judge vide his Order dated 30.7.2007 had disposed of the writ petitions -2- by passing the following Order: "Having considered the submissions of the learned counsel for the parties and the questions raised in the present writ petition, I do not intend to enter into the controversy as to whether 29 workmen have been removed or not in this petition and it could be left to the Industrial Tribunal to entertain all the contentions raised by both the sides in the instant position. Considering the nature of controversy and the interim order passed by the tribunal pending reference for final disposal I am satisfied that the following order shall meet the ends of justice: i) The petitioners shall deposit the difference between the wages, the workmen are paid as of today and the wages, they would be entitled to be paid pursuant to the order impugned within a period of six weeks from today in the Tribunal. The petitioner shall continue to deposit the difference, as aforementioned, every month till the disposal of the reference. On such deposit being made the tribunal shall pass appropriate order/s to invest the said monies in fixed deposit. ii) I make it clear that I have not examined the contention as to whether the 20 workers have been removed or not. All contentions raised in the writ petition and the reply affidavit are allowed to be raised before the tribunal. The tribunal will deal with the reference on merits and in accordance with law. iii) The industrial tribunal shall decide the reference without being influenced by the observations made in the impugned order and dispose of the same as expeditiously as possible and in any case within a period of six months from the date of receipt of this order. All contentions are kept open. -3- . With these observations the writ petition is disposed of." However, the matters could not proceed before the concerned tribunal because it is stated before us that no tribunal was working during that period. For the first time these orders were brought to the notice of the tribunal and the parties made an application for taking further proceeding in the reference pending before the tribunal only in November, 2007. Taking that date as the date of commencement period, the tribunal is expected to complete the proceeding by 30th April, 2008. 3. The learned counsel appearing for the workmen stated that they have been fully co-operating and have not delayed the proceeding before the Tribunal. He further stated that the workmen will file before the tribunal their affidavits by way of evidence (examination in chief) by 15th February, 2008 in both the cases and they will conclude their evidence immediately thereafter. We have heard the counsel appearing for the parties even on this issue and we further direct that the interim order passed by this Court dated 30th July, 2007 shall continue to be in force subject to the -4- further directions as contained hereafter. a) The tribunal shall endure its best to conclude the proceeding expeditiously, and in any case not later than 30th April, 2008. b) The workmen will file their evidence by way of affidavit (examination in chief) of all its witnesses on or before 15th February, 2008. c) The witnesses, whose affidavits are filed shall be tendered for cross examination on the date which will be fixed by the Industrial Tribunal, and the entire evidence of the witnesses shall be concluded along with the cross examination by 29th February, 2008. We make it clear that if the tribunal feels it appropriate, it may direct production of particular witness for cross examination, on a particular date. If the workmen, whose affidavits are filed by way of evidence are not present for cross examination on the specified date, the court -5- may ignore their affidavits while dealing the matter on merits. d) After conclusion of the evidence of the workmen, the management shall conclude its evidence within the month of March 2008, and shall not be entitled for more than three opportunities for concluding its evidence in all its state. e) The tribunal shall conclude the proceeding as requested above. f) The interim order will continue till 30th April, 2008 subject to other directions which may be passed by the tribunal after hearing the parties. g) The amount of difference between the wages may be deposited by the appellant in this Court. ( Chief Justice.) ( Chief Justice.) ( Chief Justice.) (J.P.Devadhar, J.) (J.P.Devadhar, J.) (J.P.Devadhar, J.) -6-