AIR 2008 SUPREME COURT 946 ::2008 AIR SCW 438 ::2008 Lab IC 760 ::(2008) 1 CLR 335 (SC) ::2008 (1) SCC 494 ::(2007) 13 Scale 525 ::(2008) 2 AllMR 314 (SC) ::(2008) 3 Bom CR 758 ::(2008) 2 Lab LN 776 ::(2008) 1 Mad LJ 137 ::(2008) 3 ServLR 167 ::(2008) 1 SCT 389 ::(2007) 8 Supreme 657 ::(2008) 8 Supreme 657

Supreme Court Of India

(From : 2007 (5) Bom CR 498)

Hon'ble Judge(s): C. K. Thakker, Markandeya Katju , JJ

(A) Industrial Disputes Act (14 of 1947) , S.25— Closure of undertaking - Application for - Withdrawal of, on receiving letter from Deputy Labour Commissioner calling for meeting of parties so that effort could be made for amicable settlement - Withdrawal is bona fide - Not for Bench hunting. It often happens that during the hearing of a petition the Court makes oral observations indicating that it is inclined to dismiss the petition. At this stage the counsel may seek withdrawal of his petition without getting a verdict on the merits, with the intention of filing a fresh petition before a more convenient bench.(Para 14) Where the application for withdrawal of the first petition under S. 25-O(1) was made because the company had received a letter from the Deputy Labour Commissioner calling for a meeting of the parties so that an effort could be made for an amicable settlement and Company did not wait for the expiry of 60 days from the date of filing of its application under S. 25-O(1), on the expiry of which the application would have deemed to have been allowed under S. 25O(3), it was held that application for withdrawal was bona fide, and that it was not a case of bench hunting - It was not a case where withdrawal application was made when it was found that an adverse order was likely to be passed against it.(Para 20) ....