VIDYUT METALLICS EMPLOYEES UNION vs VIDYUT METALLICS PRIVATE LIMITED

Judgment text excerpt

Sowp13788-2023-J.doc AGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13788 OF 2023 Vidyut Metallics Employees Union, A Trade Union registered under the Trade Unions Act, 1923, Having office at: Room No. 301, Hema Apt. ‘D’ Wing, Davale Nagar, Near T.M.T. Depo, Lokmanya Nagar, Pada No. 2, Thane – 400 606. … Petitioner ATUL Vs. GANESH KULKARNI Digitally signed by ATUL GANESH KULKARNI Vidyut Metallics Private Limited, Date: 2026.04.09 11:40:42 +0530 Having office at : Earlier having factory at: LBS Road, Wagle Road, Thane. … Respondent Mr. Avinash Jalisatgi with Mr. T.R. Yadav, Ms. Divya Wadekar and Mr. Mulanshu Vora for the petitioner. Mr. Madhav Paranjape with Mr. Amey Humane for the respondent. CORAM : AMIT BORKAR, J. RESERVED ON : APRIL 2, 2026. PRONOUNCED ON : APRIL 9, 2026 JUDGMENT: 1. By the present writ petition filed under Articles 226 and 227 of the Constitution of India, the petitioner–Union calls in question the legality and correctness of the Judgment and Order dated 21 1 Sowp13788-2023-J.doc April 2023 passed by the Industrial Court in Miscellaneous Application Recovery (ULP) No. 3 of 2013. 2. The facts giving rise to the present petition, briefly stated, are as follows. The respondent was employing approximately 1500 employees, a substantial number of whom were members of the petitioner–Union. A settlement dated 2 February 2006 came to be executed between the petitioner and the respondent during conciliation proceedings, governing the service conditions of the employees, including wages, allowances, and bonus. Under Clause 11 of the said settlement, the eligible employees were entitled to payment of bonus at least ten days prior to Diwali. Clause 12 dealt with payment of ex gratia, whereby it was agreed that such a