Wp 7075.11 1 S IN THE HIGH CPIRT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7075/2011 Pamet Employees Union Petitioner Vs. Paranjape Metal Shapes Pvt.Ltd. Respondents Mr.Mahesh Thorat for Petitioner Mr.A.D.Patwardhan for Res. CORAM- R.G.KETKAR,J. DATE - 17th October,2011. P.C. . Leave to annex the impugned order dated 1.4.2011 passed by the learned Presiding Officer, Industrial Tribunal, Satara below Exh.U-90 in Reference IT No.2/2005. Amendment to be carried out forthwith. 2 Heard Mr.Mahesh Thorat, learned counsel for the petitioner and Mr.A.D.Patwardhan, learned counsel for the respondents. 3 By this petition, the petitioner has challenged the judgment and order dated 1.4.2011 passed by the learned Presiding Officer, Wp 7075.11 2 Industrial Tribunal,Satara in Reference IT No.2/2005. By that order, the Industrial Tribunal disposed of the reference in view of the settlement arrived at between the parties on 26.5.2008. The Industrial Tribunal declared that the wage settlement dated 26.5.2008 is fair, legal and proper. 4 The petitioner has also challenged the order dated 1.4.2011 passed by the Presiding Officer, Industrial Tribunal, Satara passed below Exh.U-90 in Reference I.T.No.2/2005. The learned Presiding Officer, Industrial Tribunal,Satara rejected the application Exh.U-90, filed on behalf of some workmen contending interalia that one Shri.Pandurang Krishna Bhosale is the President and Mr.Ashok Raghunath Phadatare is the Vice President of Pamets Employees Union (for short the said Union). On the basis of letter dated 31.3.2011 addressed by the Dy.Registrar, Trade Unions to the Member, Industrial Tribunal, Satara, the Tribunal came to the conclusion that there was no need to consider the application Exh.U-90 as also there is no need to hear either Pandurang Bhosale or Advocate Mr.Todkar. 5 I have heard learned counsel for the parties for some time. Both the learned counsel agreed for setting aside the impugned judgment and award dated 1.4.2011 as also the order dated Wp 7075.11 3 1.4.2011 passed below Exh.U-90 by learned Presiding Officer, Industrial Tribunal, Satara. Mr.Patwardhan submitted that some of the workmen in the application at Exh.U-90 have submitted that Pandurang Bhosale is the President and Ashok Phadatare is the Vice President of the said Union. On the other hand, the letter dated 31.3.2011 addressed by the Dy.Registrar, Trade Union, to the Member of the Industrial Tribunal, Satara indicates that on the basis of record pertaining to the years 2004 to 2009 of the said Union, Shri.Y.R.Jadhav is the President. He, therefore, submitted, in order to avoid any further controversy the said Union may be represented by Pandurang Krishna Bhosale claiming to be the President and Ashok Raghunath Phadatare claiming to be the Vice President as also by Shri.Y.R.Jadhav who as per the letter dated 31.3.2011 appears to be the President of the said Union. Mr.Thorat has no objection for this course being adopted. 6 In view of this, by consent of the parties, this Writ Petition is disposed of in the following terms. 1. Order dated 1.4.2011, below Exh.U-90 in Reference IT No. 2/2005 as also the impugned judgment and award dated 1.4.2011 passed by learned Presiding Officer, Industrial Tribunal, Satara in Reference-IT No.2/2005 are quashed Wp 7075.11 4 and set aside. Reference IT 2/2005 is restored to the file of Industrial Tribunal, Satara. 2. On behalf of the petitioner Shri.Pandurang Krishna Bhosale and Shri.Ashok Raghunath Phadatare as also Shri.Y.R.Jadhav, according to letter dated 31.3.2011 is the President of the said Union are permitted to represent the said Union through the Advocate of their choice. All the contentions of the parties are expressly kept open. R.G.KETKAR,J.