1 wp1215.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 1215 OF 2011 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mr. T.K. Prabhakaran, Advocate for the petitioner. Mr. Ashok More, Advocate for respondent no.1. Mr. S.G. Barde, Advocate for respondent no.2. 1. Heard Advocates Mr. T.K. Prabhakaran for petitioner, Mr. More for respondent no.1 and Mr. Barde for respondent no.2. 2. By consent of parties, the following order is passed : (a) The Industrial Court shall appropriately decide the preliminary objection raised by the petitioner by 31st March, 2011. The petitioner to deposit with Industrial Court the amount payable to 17 workmen as a salary for the month of March, 2011 by 5th March, 2011. If such amount is deposited, 17 workmen/their Union is free to withdraw the same. 2 wp1215.11 (b) If the salary payable for the month of March, 2011 is deposited earlier, the Industrial Court is free to decide that objection even prior to 5th March, 2011. (c) At the request of Advocates Mr. More and Mr. Barde, their objection on the ground of estoppal for raising any preliminary objections are kept open and Industrial Court is free to adjudicate it in accordance with law. (d) Advocate Mr. Prabhakaran for petitioner has pointed out that to substantiate the preliminary objection, the petitioner has sought certain amendment to their written statement. The Counsel for respondents state that they have objected to that amendment. The Industrial Court is free to even consider the said issue. 3. In view of the consent given and the order passed nothing more is to be done in the Petition. The Petition is disposed of accordingly. No costs. (B.P. DHARMADHIKARI) JUDGE. 18.02.2011 gas/wp1215.11