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Bombay HC Imposes Cost of Rs. 2 Lakh on Adani Electricity to be Paid to the Union,Dismissed the Plea Challenging Applicability of MIR Act

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Bombay High court Law Insider

Shivani Thakur

Published on: May 10, 2022 at 16:00 IST

The Bombay High Court imposed costs of Rs. 2 Lakh on Adani Electricity Mumbai Limited while dismissing its plea challenging the applicability of Provisions of the Maharashtra Industrial Relations (MIR) Act.

The Writ Petition being devoid of merit, stands dismissed. The Petitioning company (Adani) shall bear costs of this proceeding assessed at Rs. 2 Lakhs to be paid to the Union within three (3) months from date,” a Bench of Chief Justice Dipankar Datta and Justice MS Karnik ordered.

In this Case, Mumbai Electric Workers Union (MEWU) had issued a demand letter dated June 2018 seeking discussion on charter of demands under the Maharashtra Industrial Relations Act.

The demand not having been accepted, Mumbai Electric Workers Union approached Chief Conciliator under the Act for consideration. However, the conciliation proceedings failed. The dispute was then referred to the Industrial Court.

Mumbai Electric Workers Union also filed an application for interim relief seeking an order of restraint on Adani from negotiating and signing settlement with any other Mumbai Electric Workers Union.

The Industrial Tribunal passed an interim order restraining the company from negotiating, discussing or settling the demands involved in the reference with any union other than the Mumbai Electric Workers Union.

Adani approached the Bombay High Court invoking its writ jurisdiction to have the proceedings before the Industrial Court quashed.

The Court unequivocally opined that the reference made under the Maharashtra Industrial Relations Act is certainly maintainable and the provisions of the MIR Act do apply to Adani.

We are of the firm view that the provisions of the notifications issued under the Maharashtra Industrial Relations Act were so unambiguously clear that at no time in the past either BSES Ltd. Or M/s. Reliance Energy Limited or M/s. Reliance Infrastructure Limited ever chose to raise a point in course of proceedings initiated under the Maharashtra Industrial Relations Act that the provisions thereof did not apply to it and that the present effort on the part of the petitioning company .…is an effort to tire out the members of the Mumbai Electric Workers Union in their battle with the petitioning company (Adani),” the Bench reasoned.

The High Court encouraged the Industrial Court to decide the reference in accordance with law as well as all connected applications.