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2012 DIGILAW 598 (BOM)

Fomento Resorts & Hotels Ltd. v. Shri Rohidas Naik

2012-03-19

S.C.DHARMADHIKARI, U.V.BAKRE

body2012
Judgment S.C. Dharmadhikari, J. Heard Mr. Coelho Pereira, learned Senior Counsel for the appellant and Mr. Gaonkar, learned Counsel for the respondent. 2. Admit. 3. By consent of the learned Advocates, we have taken up this appeal for hearing forthwith. 4. Learned Advocate appearing for the respondent waives service. 5. Upon perusal of the entire material including the statement of claim, written statement, rejoinder and oral and documentary evidence, we are satisfied that the learned Single Judge was required to render a definite finding and conclusion as to whether the award of the labour Court is vitiated by error apparent or perversity as contended by the learned Senior Counsel for the appellant and alleged in the writ petition. However, the argument in the alternative that the termination and the compensation amount paid has been accepted without any demur or protest also merited serious consideration. The learned Single Judge was not just required to reproduce the finding of the labour Court and particularly the oral and documentary evidence as led and consider it in isolation. For all these reasons, when arguable questions were raised, we find that the learned Single Judge's order dismissing the writ petition in limine, requires interference. However, it is clarified that we have not expressed any opinion on the rival contentions and it would be open for the learned Advocates to urge before the learned Single Judge that either reliefs as prayed be granted or no reliefs be granted even if the amounts are stated to be accepted. Keeping open all the said contentions, we dispose of this appeal. 6. For the above reasons, the Appeal succeeds. The impugned order is set aside and instead there will be Rule on the Writ Petition. Hearing is expedited. Respondent waives service of the Rule. 7. As far as interim relief is concerned, it would be open for the appellant / original petitioner to seek such interim orders as are permissible in law and at that stage, it would be also open equally for the respondent to address his claim under Section 17B of the Industrial Disputes Act, 1947. The contentions in relation to interim relief are kept open. 8. The appeal is disposed of in aforesaid terms, with no order as to costs.