Final Order 1

Order Details: Notice of Motion
Pdf Text: N. M. No.252/2020 Order
MHCC010006042020 Presented on : 15.01.2020
Registered on : 15.01.2020
Decided on : 08.09.2025
Duration : 05 07 24
Years Months Days
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT BOMBAY
NOTICE OF MOTION NO. 252/2020
(CNR NO. MHCC010006042020)
IN
SHORT CAUSE SUIT NO. 860/2019
Shramik Utkarsha Sabha,
a registered Trade Union
under Indian Trade Union Act, 1923 under Regn.
No.II/7655 of 82 through its General Secretary Shri
Vijay Kamble, having its office at 3/141, Kher
Nagar, Bandra (East), Mumbai 400051. … Plaintiff
Versus
1 B. D. Petit Parsee General Hospital,
having its hospital at B. D. Petit Road, Cumballa
Hill, Mumbai - 36.
2 Mumbai Mazdoor Sabha,
a registered Tade Union having Office at Kennedy
House, 4th floor, Goregaonkar Road, Nana Chowk,
Mumbai 400007. … Defendants
CORAM : HIS HONOUR JUDGE, A. C. DAGA
: COURT ROOM NO. 61
DATE : 08.09.2025
Appearances: -
None for Plaintiff.
Adv. Jagirdar i/b Maneksha and Sethna for Defendant No.1.
Representative of Defendant No.2.
ORDER
(Dictated and pronounced in open Court)
Instant Notice of Motion is moved by the Defendant No.2
praying that the preliminary issue framed regarding maintainability of
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N. M. No. 252/2020 ... 2 … Order
the suit under Order VII, Rule 11(d) of the Code of Civil Procedure and
to reject the plaint in view of Section 60 of the Maharashtra Recognition
of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. It
is pleaded that the Plaintiff is a Union. Defendant No.1 is the employer.
The provisions of the Maharashtra Recognition of Trade Unions and
Prevention of Unfair Labour Practices Act, 1971 attracts to the subject
matter of the suit. In view of the provisions of Section 60 of the
Maharashtra Recognition of Trade Unions and Prevention of Unfair
Labour Practices Act, 1971, this Court has no jurisdiction. Hence,
prayed for rejection of the plaint.
2. The Plaintiff has not filed Reply and Notice of Motion
proceeded without its Reply.
3. As per pleadings in the Notice of Motion, it is claim of the
Defendant No.2 that the preliminary issue is required to be framed
regarding maintainability of the suit under Order VII, Rule 11(d) of the
Code of Civil Procedure. No such preliminary issue is required to be
framed and this Court can directly decide as to whether suit is required
to be rejected under the provisions of Order VII, Rule 11(d) of the Code
of Civil Procedure or not. It is for the Defendant No.1 to point out under
which provisions of the law the suit is barred.
4. As per the pleadings in the Notice of Motion, it appears that
it is the claim of Defendant No.1 that the suit is barred under Section 60
of the Maharashtra Recognition of Trade Unions and Prevention of
Unfair Labour Practices Act, 1971. I have carefully gone through Section
60 of the Maharashtra Recognition of Trade Unions and Prevention of
Unfair Labour Practices Act, 1971. It creates bar to the jurisdiction of
this Court regarding the matters which form or which may form the
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subject matter of the complaint or application to the Industrial Court.
On perusal of Section 5 of the said Act, the duties of Industrial Courts
are given. It is for grant of recognition of a Union, to decide application
for other Union regarding withdrawal of cancellation of a Union, to
decide the complaints regarding unfair labour practices. As such, as per
Section 5 of the Maharashtra Recognition of Trade Unions and
Prevention of Unfair Labour Practices Act, 1971, the Industrial Court is
not required to deal with the issue as to whether permanent alternate
accommodation is required to be given to the members of the Plaintiff
Union. As such, the bar created under Section 60 of the Maharashtra
Recognition of Trade Unions and Prevention of Unfair Labour Practices
Act, 1971 does not come in way of this Court. Accordingly, this Court is
having jurisdiction to try and decide the issue raised in the matter.
Accordingly, instant Notice of Motion needs to be dismissed.
Accordingly, I pass the following Order.
ORDER
1. Notice of Motion is dismissed.
2. Accordingly, Notice of Motion No.252/2020 stands disposed off.
DATE: - 08.09.2025 (A. C. DAGA)
JUDGE, CITY CIVIL COURT,
GR. MUMBAI.
Dictated on : 08.09.2025
Transcribed on : 08.09.2025
Checked on : 08.09.2025
Signed on : 08.09.2025
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N. M. No. 252/2020 ... 4 … Order
"CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER"
DATE: 09.09.2025, AT 05.50 P. M. Siddhesh S. Shirke
STENOGRAPHER (GRADE-I)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
no.) :
SHRI A. C. DAGA
(C. R. NO. 61)
Date of pronouncement of
Judgment/Order : 08.09.2025
Judgment/Order signed by the P.
O. on : 08.09.2025
Judgment/Order uploaded on : 09.09.2025
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