Ranvik Auto Component Pvt. Ltd. v. Kaleshwar Baliram Ashte And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7390 OF 2019 Madhav Govinda Bhise WRIT PETITION NO.6223 OF 2019 Kailas Sahebrao More WRIT PETITION NO.6228 OF 2019 Dnyaneshwar Soma Modak WRIT PETITION NO.6336 OF 2019 Bapu Bhilla Patil WRIT PETITION NO.6338 OF 2019 Mahesh Prakash Mavade

2/5 WRIT PETITION NO.6339 OF 2019 Ramesh Narsing Mane WRIT PETITION NO.6340 OF 2019 Santosh Shakarao Bhalerao WRIT PETITION NO.6341 OF 2019 Kaleshwar Baliram Ashte WRIT PETITION (ST.) NO.6679 OF 2019 Sitaram Pimpre WRIT PETITION (ST.) NO.6688 OF 2019 Sanjay Nathuji Dupare

3/5 WRIT PETITION NO.7391 OF 2019 Kamlakar Ganpati Gaikwad WRIT PETITION NO.7393 OF 2019 Vyankat Pandurang Suryawanshi WRIT PETITION NO.7873 OF 2019 Nilesh Shankar Khopkar WRIT PETITION NO.7874 OF 2019 Subhash Punjabrao Golait WRIT PETITION NO.7963 OF 2019 Anand Krushna Karve

4/5 WRIT PETITION NO.8840 OF 2019 Vyas Jalindar Kumbhar WRIT PETITION NO.45 OF 2020 Santosh Yashwant Palsamkar .....

Mr. Kiran Bapat a/w Mr. Anand R. Pai a/w Ms. Gauri Bhosale i/b Desai And Desai Associates for the Petitioner. Mr. Jaiprakash Pawar a/w Mr. Bhavesh Magam for Respondent No.1 in all petitions.

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CORAM : S.C. GUPTE, J.

DATE : 24 FEBRUARY 2020 P.C. :

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This group of seventeen petitions challenges seventeen awards of reinstatement with continuity and back wages. After the petitions are heard at some length, it is agreed between learned Counsel for the parties, on taking instructions from their respective clients (authorized representative of the Petitioner being personally present in court), that

5/5 so far as awards of reinstatement with continuity of service are concerned, the same may be maintained, but that issue of back wages may be remitted to the Labour Court at Pune for a fresh hearing in accordance with law in each individual references. The impugned awards are, accordingly, partly quashed and set aside. The awards of reinstatement on original posts with continuity of service from the date of termination and consequential benefits are maintained. The awards of back wages are set aside and the issue of back wages is remitted to the Labour Court at Pune for a fresh hearing in accordance with law and after permitting the parties to lead their respective evidence.

The Labour Court is requested to hear the parties and decide the issue of back wages in each individual reference as expeditiously as possible and preferably within a period of one year from today. The parties shall appear before the Labour Court at Pune on 2 March 2020 at 11.00 a.m. and produce an authenticated copy of this order. The Labour Court may thereupon fix the schedule of hearings and decide the issue of back wages accordingly.

The writ petitions are, accordingly, disposed of. (S.C. GUPTE, J.) by Rajesh V.

Date: 2020.02.27 17:21:55 +0530 Rajesh V.