1 nmw139-11.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.139 OF 2011 IN WRIT PETITION NO.2453 OF 2010 Voltas Ltd .. Petitioner versus Voltas Employees’ Union & Anr .. Respondents Mr.Cama, Sr.Counsel a/w Madhavi Deshpande & Manish Upadhye for the petitioner. Mr.K.S.Bapat a/w Jayesh K. Desai i/by M/s.Desai & Desai for respondent No.1. CORAM : S.C.DHARMADHIKARI, J. 22nd July 2011. P.C.: . This notice of motion is placed before me because it seeks clarification/modification of an order dated 10th January 2011 passed in Writ Petition No.2453 of 2010. 2 It is contended on behalf of the original petitioner by 2 nmw139-11.doc Mr.Cama, learned senior counsel, that the order of this Court records in paras 4, 6 and 7, a statement of the counsel appearing on behalf of the respondent-Union and which statements read thus: “4 ... for getting entry into the main compound, all employees are required to swipe the cards and that swiping records the time of entry and exit from the main gate. ...” “6. ... the Union and its members do not object to swiping of the cards at main gate ....” “7 ... the Union and its members will continue to enter the main gate by swiping the cards.” 3 According to Mr.Cama, the word “main gate” has been referred to in the order and the statement based thereon, now has been used to urge that the respondents will not swipe- in the cards any where else, except the main entrance to the buildings/complex. Mr.Cama submits that it has been pointed out that the complex has some buildings and the companies premises, and particularly, where the respondents are working, 3 nmw139-11.doc are located in Voltas House A, Voltas House B and Z Block. There are no swiping card machines installed at the main gate but a swipe card system has been in use at the entrance of Voltas House A, Voltas House B and Z Block. It is this swipe card system which is in issue and when the statement recorded refers to the same, it cannot be that merely because the order states “main gate”, that the respondents will insist on swiping cards only at the main entrance to these buildings where no swiping card system has been installed. 4 On the other hand, Mr.Bapat appearing on behalf of the respondents urges that if any clarification is given of this order, it would mean that the company can revert back to a system which has not been accepted for want of compliance with law and that is stated to be unfair labour practice. The grievance in that behalf is subject matter of the complaint and when the complaint is pending, in the garb of any clarification the petitioners cannot seek to revert back to a system which is under challenge. For all these reasons, according to him, 4 nmw139-11.doc motion should be dismissed. He invited my attention to the correspondence and the notice dated 30th September 2010, a copy of which is annexed to the affidavit in reply filed in the main petition. 5 After having heard the counsel appearing for the parties and with their assistance, perusing the affidavits in reply and rejoinder to this notice of motion, I am of the view that the statement refers to the place where the swiping card system has been installed. If the term “main gate” is understood as main entry into the block or building where the respondents are working and where the petitioners have their offices, then, this arrangement, does not adversely affect anybody. If as stated now, there is no swiping card system at the main gates of the complex from T.B.Kadam Marg and from Dr.Ambedkar Road, then, the statement must clearly refer to the system/swipe gate which has been installed at the entry to the building/Voltas House A, Voltas House B and Block Z, where the concerned employees are working. While it is not disputed that there are 5 nmw139-11.doc other establishments and units having their premises within the complex, then, the term “main gate” must be understood as a entry to the House/ Block. 6 Accordingly, it is clarified that the statement made by the Union and which is without prejudice to the rights and contentions of both sides, must be read as referring to the entry to Voltas House A, Voltas House B and Block Z, and, if there is any swiping system for swiping cards installed therein, the respondents shall abide by the same, subject of course to their rights in the pending complaint. Notice of motion is disposed of in these terms. (S.C.DHARMADHIKARI, J)