1 LPA334/11 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO.334 OF 2011 IN WRIT PETITION NO.5258 OF 2011 Siemens Ltd. ...Appellants v/s Siemens Workmen Union ...Respondents Mr J.P. Cama, Sr. Counsel i/b Mr Vijay P. Vaidya for Appellants. Mr K.M. Singhvi, Sr. Counsel with Mr B. D Costa for Respondents. CORAM : D.K. DESHMUKH AND ANOOP V. MOHTA JJ. DATE : 16TH NOVEMBER 2011. 2 LPA334/11 P.C. :- 1] By the order impugned in appeal, the learned Single Judge has upheld the interim order passed by the Industrial Tribunal, Nashik. The learned Single Judge has also recorded an undertaking of the 47 workmen who are getting the benefit of interim order that in the event the respondents fail in the reference, they will refund the amount awarded by way of interim order. The learned Single Judge has also recoded a statement of the respondents that they are ready and willing to abide by the terms of the settlement dated 22 nd October 2010 entered into between employer and workmen at Kalwe unit. Therefore, we do not see any reason to interfere with the order of the learned Single Judge. The learned counsel appearing for appellants submits that if these 47 workmen in relation to whom the interim order has been made agree to abide by the settlement dated 22 nd October 2010, the employer is willing to make the settlement applicable to them and the reference itself can be 3 LPA334/11 disposed off. In our opinion, it will not be appropriate to dispose off the reference in this appeal in respect of 47 workmen to whom the interim relates, however, in our opinion, it will be appropriate that the employer moves the Industrial Tribunal for disposal of the reference in appeal in relation to 47 workmen to whom the interim order relates on these terms. In case such an application is made by the employer, it goes without saying that the Industrial Tribunal shall consider it in accordance with law as expeditiously as possible and in any case, within a period of three months from the date of application. Civil application (L) No. 400 of 2011 is disposed off. Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE ANOOP V. MOHTA )