Case Note & Summary
The petitioner, Vivekanand Vaidyakiya Pratishthan Va Shanshodhan Kendra through its Secretary, filed a writ petition before the Bombay High Court at Aurangabad challenging an order of the Industrial Court dated 20.07.2015. The matter had been adjourned multiple times at the request of the respondent's counsel, Shri Thombre, who was unwell. The petitioner's counsel, Shri Natu, expressed apprehension that the respondent might take coercive steps to implement the impugned judgment during the adjournment. The Court, while granting adjournment to 27.11.2015, directed that the respondent shall not initiate any coercive steps for seeking implementation and execution of the impugned order until the next hearing. The order was passed by Justice Ravindra V. Ghuge on 28th October 2015.
Headnote
A) Industrial Law - Interim Relief - Stay of Execution - The petitioner sought protection from coercive steps for implementation of an Industrial Court judgment dated 20.07.2015 - The Court, while adjourning the matter at respondent's request, directed that the respondent shall not initiate coercive steps for seeking implementation and execution of the impugned order till the next date - Held that interim protection is necessary to prevent irreparable harm pending hearing (Paras 3-5).
Issue of Consideration
Whether the respondent should be restrained from taking coercive steps for implementation of the impugned judgment dated 20.07.2015 pending hearing of the writ petition.
Final Decision
The Court adjourned the matter to 27.11.2015 and directed that the respondent shall not initiate coercive steps for seeking implementation and execution of the impugned order till the next date of hearing.
Law Points
- Interim relief
- adjournment
- coercive steps
- execution of impugned order
Case Details
2015 LawText (BOM) (10) 5
Writ Petition No. 9088 of 2015
Shri Natu Sharad V. for Petitioners, Shri Ramraje Deshmukh h/f Shri S.S. Thombre for Respondent
Vivekanand Vaidyakiya Pratishthan Va Shanshodhan Kendra through its Secretary
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Nature of Litigation
Writ petition challenging an order of the Industrial Court dated 20.07.2015.
Remedy Sought
Petitioner sought protection from coercive steps for implementation of the impugned judgment.
Filing Reason
Apprehension of coercive steps by respondent to implement the Industrial Court order.
Previous Decisions
Industrial Court delivered judgment dated 20.07.2015.
Issues
Whether the respondent should be restrained from taking coercive steps for implementation of the impugned judgment pending hearing.
Submissions/Arguments
Petitioner's counsel submitted that the matter had been adjourned multiple times at respondent's request and sought protection from coercive steps.
Respondent's counsel was unwell and sought adjournment.
Ratio Decidendi
Pending hearing of the writ petition, the respondent is restrained from taking coercive steps to implement the impugned order to prevent irreparable harm to the petitioner.
Judgment Excerpts
He, however, submits that since illness has been cited as a ground, he may not object for adjournment. However, he is apprehensive about the coercive steps being taken by the Respondent against the Petitioner for implementation of the impugned judgment dated 20.07.2015 delivered by the Industrial Court.
However, till the next date of hearing in this matter, the Respondent shall not initiate coercive steps for seeking implementation and execution of the impugned order.
Procedural History
The writ petition was filed challenging an Industrial Court order dated 20.07.2015. The matter was adjourned on 29.09.2015, 14.10.2015, and 16.10.2015 at the request of the respondent. On 28.10.2015, the Court granted another adjournment and passed an interim order restraining coercive steps.
