Jaya Hind Sciaky Limited vs. Suresh Daulat Thorat

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICITON

WRIT PETITION NO.3519 OF 2006

Jaya Hind Sciaky Limited .. Petitioner.

Versus

Shri Suresh Daulat Thorat .. Respondent.

Mr.C.U. Singh, senior counsel with Mr.Niranjan Mogre i/by M/s.Harish Mehta & Co. for the petitioner.

Mr.Y.M. Pendse i/by Ms.Alpana Javeri for the respondent.

CORAM : SWATANTER KUMAR, C.J. & J.P. DEVADHAR, J.

DATED : 8th January, 2008

P.C. :

1. This petition has been placed before the Division Bench in furtherance to the order in reference, made by the learned Single Judge dated 30th August, 2006.

2. It is brought to our notice that during the pendency of this writ petition, another Division Bench of this Court had delivered a Judgment in the case of Tulsiram K. Gothad V/s. The Superintendent, Mahatma Gandhi Memorial Hospital & Another reported in 2007 III CLR 718. In that case, the judgment pronounced by the learned Single Judge in the case of Engineering Workers' Association v. J.D. Jamdar, Member Industrial Court & others was specifically over-ruled and was stated not a good law.

3. In view of the fact that as of now, no conflict of views of the learned Single Judge judgment of this Court remains any longer, it would be appropriate that this matter be listed for disposal in accordance with law before the learned Single Judge. We make it clear that in the reference order any other controversy mentioned would also be adjudicated by the learned Single Judge in accordance with law.

4. All other tagged matters be listed before the learned Single Judge.

CHIEF JUSTICE

J.P. DEVADHAR, J.