WP/7795 & 7796/2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7795 OF 2010 Municipal Corporation of Greater Mumbai & Ors. ... Petitioners V/s. Municipal Mazdoor Union, Mumbai ... Respondent ALONG WITH WRIT PETITION NO.7796 OF 2010 Municipal Corporation of Greater Mumbai & Ors. ... Petitioners V/s. Mumbai Municipal Pharmacists Association, Mumbai & Anr. ... Respondents Mr. A.C. Singh i/b. Mr. V.K. Khatu for the Petitioners. Smt. Neeta Karnik for the Respondent in WP/7795/2010. Mr. Prakash Devdas for the Respondents in WP/7796/2010. CORAM: SMT. NISHITA MHATRE, J. DATE : 7 TH OCTOBER, 2010. P.C. : 1. Both these Writ Petitions have been filed by the Municipal Corporation of Greater Mumbai challenging the common order passed on 8th September, 2010 by the Industrial Court, Mumbai, in Complaint (ULP) No.367 of 2010 and WP/7795 & 7796/2010 Complaint (ULP) No.370 of 2010. The issue involved in both these complaints was whether the petitioners could change the hours of work and shift timings of the Dispensaries run by the Municipal Corporation, without issuing a notice of change under Section 9A of the Industrial Disputes Act, 1947. 2. The Industrial Court has by its impugned order granted the interim relief applications filed by the Unions. The Industrial Court has directed the Municipal Corporation not to extend the working hours as provided in the Circular dated 23rd July, 2010 after September, 2010 without giving a notice of change as provided under Section 9A of the Industrial Disputes Act, during the pendency of the complaints. The Industrial Court has further granted liberty to the Municipal Corporation to effect a change in the working hours in accordance with law and to bring to the notice of the Court if any memos are issued to the concerned employees in relation to the Circular dated 23rd July, 2010 during the pendency of the complaints. 3. This matter was argued for some time by the learned Advocates for the parties. Fortunately, though reluctantly, the parties have agreed to a certain arrangement which would WP/7795 & 7796/2010 work for a period of 15 days from tomorrow i.e. 8th October, 2010. Dr. Santosh Krishnarao Remankar, the Deputy Executive Health Officer, Headquarters, has instructed Mr. Singh, the learned Advocate appearing for the petitioner-Municipal Corporation and the learned Advocates Mrs. Karnik and Mr. Devdas, appearing for the respondents in both these Writ Petitions, respectively, have been instructed by the office bearers of the Unions and their representatives that the following arrangement will operate for a period of 15 days from tomorrow i.e. 8th October, 2010. (i). The employees will report for duty between 12:30 p.m. and 7:30 p.m. instead of their usual time between 9:00 a.m. and 4:00 p.m. at the 54 Municipal Dispensaries which are listed in a list handed in by Mr. Singh. The said list is taken on record and marked “X” for identification. (ii). The employees will report for duty during the aforesaid hours without prejudice to their rights and contentions in the pending complaints being Complaint (ULP) WP/7795 & 7796/2010 No.367 of 2010 and Complaint (ULP) No.370 of 2010 and their contention that such a modification in the shift timings and/or hours of work must be preceded by a notice of change under Section 9A of the Industrial Disputes Act, 1947. (iii). The petitioner-Municipal Corporation is at liberty to effect a change in the shift timings and/or the working hours only after following the due process of law once these 15 days are over. (iv). Both the parties in these Writ Petitions agree that these working hours and shift timings will be accepted by the employees only by way of an exception to meet the exigencies of work which have arisen on account of the rise in malaria cases and monsoon related diseases in the City of Mumbai. 8. Both these Writ Petitions are disposed of accordingly.