Rajesh Laxman Shinde v. Piramal Healthcare India Ltd.

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908. wp 1465-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1465 OF 2016 Rajesh Laxman Shinde ...

Petitioner

Versus

Piramal Healthcare India Limited ...

Respondent .....

Ms. Gayatri Singh a/w Ms. Bhavana Mhatre for the Petitioner. Mr. Talsania, Senior Counsel a/w Ms. Madhavi Ravuri and Mr. Manish Upadhye for Respondent No.1.

.....

CORAM : S.C.GUPTE, J.

DATE : 26 APRIL 2016.

P.C. :

.

Heard Learned Counsel for the parties.

Considering the fact that the complaint pertains to the year-2008 and also considering the chequered history of the matter, where order of the First Court on the preliminary issue of fairness and propriety of the inquiry came to be passed on 13 December 2012 and which was set aside in Revision on 2 April 2013, it is more appropriate that the main complaint itself ought now to be proceeded with and disposed of expeditiously, whilst at the same time keeping all contentions of the aggrieved workman in respect of fairness and propriety of the inquiry open. The present petition may, accordingly, be conveniently disposed of without deciding the present challenge by allowing the Labour Court to expeditiously proceed with further hearing of the complaint as directed by the Industrial Court.

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908. wp 1465-16.doc Accordingly, the Labour Court at Thane is directed to expeditiously dispose of the main complaint, preferably within a period of three months from today. In the event the final order of the Labour Court on the complaint is against the Petitioner, the Petitioner shall be entitled to raise all contentions against such order, including the contentions which form part of the present petition. All rights and contentions of the parties in that behalf are kept open.

The Petition is disposed of accordingly. No order as to costs. (S.C.GUPTE, J.)