LAXMAN KISAN GAIKWAD Vs. GODREJ INDUSTRIES LTD

JUDGEMENT

(1.) Heard learned Counsel for both the sides.

(2.) Prior to coming to the merits or demerits of the order impugned in the present Writ Petition, certain background of the case is narrated hereunder in order to appreciate the rival submissions:

(3.) Said reference is specifically for 323 workmen. During pendency of the said Reference, applications i.e. Exhibit C-8 & Exhibit C-9 were preferred by the respondent-Company. Application below Exhibit C-8 was filed for giving directions to the workmen, i.e. the second party, to deposit the VRS amount already obtained by them under the VRS scheme amount, in the Industrial Tribunal. Application below Exhibit C-9 was filed for necessary directions to close the evidence of the workmen below Exhibits UW-1 to UW-6 i.e. the six affidavits filed by only six workmen out of various other workmen. Also by application below Exhibit C-9 it was prayed by the Company to permit it to cross-examine only those workmen who had filed their affidavits at Exhibits UW-1 to UW-6 and only on the condition that they deposit the money received by them under the VRS Scheme or otherwise for non-deposit of such money in the Court their case to be struck off. Both the said applications (Exhibits C-8 & C-9) were opposed by the present petitioners-workmen by filing respective replies. Considering the rival cases, vide impugned order dated 3rd July, 2013 the Industrial Court partly allowed the said applications (Exhibit C-8 & Exhibit C-9) preferred by the present respondent-Company. The operative order dated 3rd July, 2013 reads thus: