[1] IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE SIDE SIDE SIDE WRIT WRIT WRIT PETITION NO. 8752 OF 2006 PETITION NO. 8752 OF 2006 PETITION NO. 8752 OF 2006 HINDUSTAN HINDUSTAN HINDUSTAN LEVER LTD. LEVER LTD. LEVER LTD. ...PETITIONERS. ...PETITIONERS. ...PETITIONERS. VS. VS. VS. HINDUSTANF HINDUSTANF HINDUSTANF LEVER EMPLOYEES LEVER EMPLOYEES LEVER EMPLOYEES UNION. UNION. UNION. ...RESPONDENTS. ...RESPONDENTS. ...RESPONDENTS. MR. MR. MR. C.U.SINGH SR. ADVOCATE WITH SANJAY UDESHI I/B. C.U.SINGH SR. ADVOCATE WITH SANJAY UDESHI I/B. C.U.SINGH SR. ADVOCATE WITH SANJAY UDESHI I/B. M/S. M/S. M/S. SANJAY UDESHI & CO. FOR THE PETITIONERS AND SANJAY UDESHI & CO. FOR THE PETITIONERS AND SANJAY UDESHI & CO. FOR THE PETITIONERS AND MR. MR. MR. SUDHIR TALSANIA SR. SUDHIR TALSANIA SR. SUDHIR TALSANIA SR. ADVOCATE ADVOCATE ADVOCATE I/B. BAPAT I/B. BAPAT I/B. BAPAT D’COSTA D’COSTA D’COSTA FOR RESPONDENTS. FOR RESPONDENTS. FOR RESPONDENTS. ..... ..... ..... CORAM CORAM CORAM : : : A.P.DESHPANDE, J. A.P.DESHPANDE, J. A.P.DESHPANDE, J. DATE DATE DATE : February 21, 2007. : February 21, 2007. : February 21, 2007. ..... ..... ..... P.C. P.C. P.C. 1.1.1. Heard Heard Heard the learned Counsel for the Petitioners the learned Counsel for the Petitioners the learned Counsel for the Petitioners and and and Respondents. Respondents. Respondents. 2.2.2. An An An interlocutory Order passed by the Labour interlocutory Order passed by the Labour interlocutory Order passed by the Labour [2] Court, Court, Court, dated 6.11.2006, is challenged by filing the dated 6.11.2006, is challenged by filing the dated 6.11.2006, is challenged by filing the present present present writ petition. writ petition. writ petition. 3.3.3. The The The Petitioner is a Limited Company, incorporated Petitioner is a Limited Company, incorporated Petitioner is a Limited Company, incorporated under under under the Companies Act, having its detergent factory at the Companies Act, having its detergent factory at the Companies Act, having its detergent factory at Daman. Daman. Daman. There are two Unions operating in the Factory at There are two Unions operating in the Factory at There are two Unions operating in the Factory at Daman, Daman, Daman, one by name Association of Chemical Workers Union one by name Association of Chemical Workers Union one by name Association of Chemical Workers Union and and and the other is the present Respondent NO.1. The the other is the present Respondent NO.1. The the other is the present Respondent NO.1. The Petitioner Petitioner Petitioner signed a settlement with the Chemical Workers signed a settlement with the Chemical Workers signed a settlement with the Chemical Workers Union, Union, Union, revising revising revising the service conditions, dated 24th August, the service conditions, dated 24th August, the service conditions, dated 24th August, 2003. 2003. 2003. The settlement includes benefits to be extended and The settlement includes benefits to be extended and The settlement includes benefits to be extended and the the the obligations to be performed. What was offered to the obligations to be performed. What was offered to the obligations to be performed. What was offered to the members members members of the Cheemical Workers Union was also offered to of the Cheemical Workers Union was also offered to of the Cheemical Workers Union was also offered to the the the members of the Respondent No.1 - Union but they did members of the Respondent No.1 - Union but they did members of the Respondent No.1 - Union but they did not not not accept the same and also refused to accept the terms accept the same and also refused to accept the terms accept the same and also refused to accept the terms of of of the the the settlement. The Respondent had raised a charter of settlement. The Respondent had raised a charter of settlement. The Respondent had raised a charter of demands demands demands and after the said charter of demands was raised, and after the said charter of demands was raised, and after the said charter of demands was raised, a reference was made by the appropriate Government for reference was made by the appropriate Government for reference was made by the appropriate Government for adjudication adjudication adjudication of the demands to the Labour Court. The of the demands to the Labour Court. The of the demands to the Labour Court. The Rspndent- Rspndent- Rspndent- Union made an application before the Labour Union made an application before the Labour Union made an application before the Labour Court Court Court for extending the benefits under the setlement, for extending the benefits under the setlement, for extending the benefits under the setlement, which which which were extended to the members of the were extended to the members of the were extended to the members of the Chemical Chemical Chemical Workers Workers Workers Union. Union. Union. 4.4.4. The The The petitioner opposed the prayer made by the petitioner opposed the prayer made by the petitioner opposed the prayer made by the [3] Rspondents Rspondents Rspondents by contending that if the members of the by contending that if the members of the by contending that if the members of the Respondent Respondent Respondent Union are to be extended the benefits Union are to be extended the benefits Union are to be extended the benefits under under under the settlement, they must also abide themselves the settlement, they must also abide themselves the settlement, they must also abide themselves by by by the obligations forming a part of the same the obligations forming a part of the same the obligations forming a part of the same settlement. settlement. settlement. 5.5.5. Considering Considering Considering the rival contentions of the the rival contentions of the the rival contentions of the parties, parties, parties, the Labour Court, by an Order dated 2nd the Labour Court, by an Order dated 2nd the Labour Court, by an Order dated 2nd January, January, January, 2006, granted interim relief by passing the 2006, granted interim relief by passing the 2006, granted interim relief by passing the following following following Order :- Order :- Order :- "The "The "The benefits, wages and ex-gratia applicable benefits, wages and ex-gratia applicable benefits, wages and ex-gratia applicable on on on the basis of the settlemnt dated 24.8.2003 the basis of the settlemnt dated 24.8.2003 the basis of the settlemnt dated 24.8.2003 signed signed signed with the Association of the Chemical with the Association of the Chemical with the Association of the Chemical Workers Workers Workers is hereby extended to all the workmen is hereby extended to all the workmen is hereby extended to all the workmen covered covered covered by this reference from the date of by this reference from the date of by this reference from the date of the the the Reference Application i.e. 29.09.2004 Reference Application i.e. 29.09.2004 Reference Application i.e. 29.09.2004 subject subject subject to undertaking to be furnished as per to undertaking to be furnished as per to undertaking to be furnished as per Annexure-C Annexure-C Annexure-C by the workmen" by the workmen" by the workmen" 6.6.6. ItItIt is the case of the Petitioners that it was is the case of the Petitioners that it was is the case of the Petitioners that it was open open open for the members of the Respondent-Union either for the members of the Respondent-Union either for the members of the Respondent-Union either toto to sign the undertaking as per Annexure-C or not to sign the undertaking as per Annexure-C or not to sign the undertaking as per Annexure-C or not to sign sign sign the same. But the Members of the Respondent- the same. But the Members of the Respondent- the same. But the Members of the Respondent- Union Union Union having signed the Annexure-C, which an having signed the Annexure-C, which an having signed the Annexure-C, which an undertaking undertaking undertaking to abide by the terms of the settlement, to abide by the terms of the settlement, to abide by the terms of the settlement, [4] the the the reference itself is rendered infructuous. reference itself is rendered infructuous. reference itself is rendered infructuous. 7.7.7. ItItIt may not be out of place to state at this may not be out of place to state at this may not be out of place to state at this juncture juncture juncture that about 59% of the members have signed that about 59% of the members have signed that about 59% of the members have signed the the the settlement whereas 41% members, who are mmbers of settlement whereas 41% members, who are mmbers of settlement whereas 41% members, who are mmbers of the the the Respondent have not signed the settlement. Respondent have not signed the settlement. Respondent have not signed the settlement. Annexure-C Annexure-C Annexure-C records that the workmen accepted the records that the workmen accepted the records that the workmen accepted the terms terms terms and conditions mentioned in the said and conditions mentioned in the said and conditions mentioned in the said settlement. settlement. settlement. 8.8.8. Reading Reading Reading of the Order passed by the Labour of the Order passed by the Labour of the Order passed by the Labour Court, Court, Court, in the light of the undertaking, it is ably in the light of the undertaking, it is ably in the light of the undertaking, it is ably contended contended contended by the learned Counsel for the Petitioners by the learned Counsel for the Petitioners by the learned Counsel for the Petitioners that that that after executing the undertaking, the Members of after executing the undertaking, the Members of after executing the undertaking, the Members of the the the Respondent-Union have received all the benefits Respondent-Union have received all the benefits Respondent-Union have received all the benefits and and and are bound by the obligations under the settlement are bound by the obligations under the settlement are bound by the obligations under the settlement and and and hence, the reference has become infructuous or hence, the reference has become infructuous or hence, the reference has become infructuous or nonest. nonest. nonest. 9.9.9. In In In these premises, the petitioners moved an these premises, the petitioners moved an these premises, the petitioners moved an application application application before the Labour Court for disposal of before the Labour Court for disposal of before the Labour Court for disposal of the the the reference as infructuous. The rejection of the reference as infructuous. The rejection of the reference as infructuous. The rejection of the said said said application has given rise to the filing of the application has given rise to the filing of the application has given rise to the filing of the instant instant instant writ petition. writ petition. writ petition. 10. 10. 10. No No No doubt, the Labour Court has recorded doubt, the Labour Court has recorded doubt, the Labour Court has recorded [5] finding finding finding that the said application has been made with that the said application has been made with that the said application has been made with malafide malafide malafide intention of delaying the matter and intention of delaying the matter and intention of delaying the matter and dismissed dismissed dismissed the same with cost, no reasons are assigned the same with cost, no reasons are assigned the same with cost, no reasons are assigned inin in support of the said finding. However, as the support of the said finding. However, as the support of the said finding. However, as the impugned impugned impugned Order is an inter locutory one, I am of the Order is an inter locutory one, I am of the Order is an inter locutory one, I am of the clear clear clear view tha thet the same does not need to be view tha thet the same does not need to be view tha thet the same does not need to be interfered interfered interfered at this stage. However, it is made clear at this stage. However, it is made clear at this stage. However, it is made clear that that that the observation recorded in the Order dated the observation recorded in the Order dated the observation recorded in the Order dated 6.11.2006, 6.11.2006, 6.11.2006, about the application being filed with about the application being filed with about the application being filed with malafide malafide malafide intention for delaying the matter, is not intention for delaying the matter, is not intention for delaying the matter, is not well well well founded and hence, the same stands quashed. founded and hence, the same stands quashed. founded and hence, the same stands quashed. 11. 11. 11. ItItIt shall be open for the Petitioner to urge shall be open for the Petitioner to urge shall be open for the Petitioner to urge before before before the Labour Court all the grounds that are the Labour Court all the grounds that are the Labour Court all the grounds that are raised raised raised in its application, dated 2.9.2006 and the in its application, dated 2.9.2006 and the in its application, dated 2.9.2006 and the Labour Labour Labour Court shall decide the said objections while Court shall decide the said objections while Court shall decide the said objections while deciding deciding deciding the reference on merit. It is specifically the reference on merit. It is specifically the reference on merit. It is specifically observed observed observed that all the contntions raised in this that all the contntions raised in this that all the contntions raised in this petition petition petition shall be available to the Petitioner for shall be available to the Petitioner for shall be available to the Petitioner for being being being raised ebfore the Labour Court and the Labour raised ebfore the Labour Court and the Labour raised ebfore the Labour Court and the Labour Court Court Court shall consider the same on merit, having regard shall consider the same on merit, having regard shall consider the same on merit, having regard toto to the legal position and decide the same while the legal position and decide the same while the legal position and decide the same while deciding deciding deciding the reference finally. the reference finally. the reference finally. 12. 12. 12. With With With these observations, the writ petition these observations, the writ petition these observations, the writ petition stands stands stands disposed of. disposed of. disposed of. [6] ..... ..... ..... [A.P.DESHPANDE, [A.P.DESHPANDE, [A.P.DESHPANDE, J.] J.] J.] 13. 13. 13. I expect the Labour Court to decide the reference as I expect the Labour Court to decide the reference as I expect the Labour Court to decide the reference as expeditiously expeditiously expeditiously as possible and I also expect the decision as possible and I also expect the decision as possible and I also expect the decision within within within a period of six months from today. a period of six months from today. a period of six months from today. ..... ..... ..... [A.P.DESHPANDE, [A.P.DESHPANDE, [A.P.DESHPANDE, J.] J.] J.]