1 wp1670-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1670 OF 2009 Petroleum Employees Union and anr. ..Petitioners Vs. Bharat Petroleum Corporation and ors. ..Respondents ......... Mr.V.P.Vaidya, for petitioners. Mr.J.P.Cama, Senior Advocate with Mr.R.S.Pai i/b.Udwadia & Udeshi, for respondent nos.1 and 2. ......... CORAM: D.K.DESHMUKH & R.G.KETKAR, JJ. DATE : 10th AUGUST, 2010. P.C. : Rule. Rule is made returnable forthwith. 2] By consent of the parties, Writ Petition is disposed of in the following terms:- i. Within a period of four weeks from today, the respondents shall deposit the amount of deducted wages which is the subject matter of this petition, in this court, with due intimation to the petitioners. ii. This petition shall be treated as the show cause notice to all the workers involved or the Trade Union involved, to show cause, as to why for going on flash strike on 11 th April, 2009, as a penalty, two days’ wages may not be 2 wp1670-09.sxw deducted from the wages payable to all the workers involved. The petitioners and all the workmen involved shall be at liberty to submit their explanation through the Union within a period of four weeks from today. iii. After receipt of explanation, the employer shall be at liberty to impose such penalty as may be appropriate in accordance with law. iv. In case the employer does not impose any penalty, the petitioners shall be entitled to withdraw the amount deposited by the employer in this court and distribute it among the workmen according to their entitlement. v. If any lesser penalty is imposed, then the proportionate amount shall be withdrawn by the petitioners and the employer. In case, the employer imposes the same penalty, then the employer shall be permitted to withdraw the amount. In case, the employer imposes same or any other penalty, the remedies that may be available to the petitioners are kept open. 3] Rule is made absolute accordingly. [R.G. KETKAR, J.] [D.K.DESHMUKH, J.]