The Chief Executive Officer, And ANR v. Shubhada Shridhar Lahane,

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8716 OF 2018 The Chief Executive Officer, Raigad Zilla Parishad, Alibag, Raigad & Anr.

.... Petitioners V/s.

Shubhada Shridhar Lahane .... Respondent Mr. Chidambar G. Gavnekar for the Petitioners. Mr. V.P. Vaidya, I/by Mr. Mahendra M. Agavekar, for the Respondent.

CORAM

: DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 28 TH NOVEMBER, 2018.

P.C. :

1.

Heard Mr. Gavnekar, learned counsel for the Petitioners, and Mr. Vaidya, learned counsel for the Respondent. 2.

Learned counsel for the Respondent fairly concedes that, as the proceedings before the Industrial Court were without written statement against Petitioner No.2, he has no objection to set aside the impugned order passed by the Industrial Court and remand the matter back to the Industrial Court.

3.

Accordingly, the Writ Petition is allowed. The impugned order 1/2 WP-8716-18.doc

passed by the Industrial Court, Maharashtra at Thane, on 12th December 2017 in Complaint (ULP) No.257 of 2015, is set aside. The matter is remanded back to the Industrial Court for fresh hearing in accordance with law, after giving an opportunity to the Petitioners to file the written statement.

4.

Both the parties to appear before the Industrial Court, Maharashtra at Thane, on 17th December 2018.

5.

Writ Petition is disposed off in the above terms. [DR. SHALINI PHANSALKAR-JOSHI, J.] 2/2 WP-8716-18.doc