Suryakant Laxman Gaikwad v. Paranjape Auto Cast Pvt. Ltd And ORS

21 (i).wp.14215.23.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14215 OF 2023 Suryakant Laxman Gaikwad ..Petitioner

Versus

Paranjape Auto Cast, Pvt. Ltd. and Ors.

..Respondents ....................

 Ms. Pavitra Manesh i/by Mr. Saurabh Mandlik, Advocate for Petitioner.

 Mr. Nitin A. Kulkarni, Advocate for Respondents. ...................

CORAM :MILIND N. JADHAV, J.

DATE :NOVEMBER 28, 2023.

P.C.:

1.

Heard Ms. Manesh, learned Advocate for Petitioner and Mr. Kulkarni, learned Advocate for Respondents.

2.

The present Writ Petition challenges the common judgment dated 30.09.2023 passed by the learned Industrial Court while disposing of Revision (ULP) Nos.23 of 2023 and 30 of 2023 filed by both parties.

3.

At the outset, Mr. Kulkarni would submit that pursuant to the passing of the impugned common judgment services of the Petitioner have been terminated on 07.11.2023. 4.

It is seen that Complaint (ULP) No.18 of 2023 is pending adjudication before the learned Labour Court, Satara. In view of the Corrected / Modified Order as per Speaking to the Minutes of Order dated 01.12.2023. 1 of 2

21 (i).wp.14215.23.doc subsequent termination of the employee i.e. Petitioner before me, Ms. Manesh would submit that the Complaint (ULP) will have to be amended accordingly. Leave to amend the said Complaint (ULP) is granted. Mr. Kulkarni does not object to the same. The amendment to the original Complaint (ULP) shall be carried out by the Complainant before the Labour Court within a period of four (4) weeks from today and amended copy of the Complaint (ULP) shall be served upon the Respondent - Company within a period of one week thereafter.

5.

Considering the above, it is directed that the above original Complaint (ULP) shall be decided by the learned Labour Court, Satara preferably within a period of six (6) months from today strictly in accordance with law. Both parties agree to the same. 6.

Needless to state that the learned Labour Court while adjudicating the complaints shall not be influenced by the impugned common judgment dated 30.09.2023 as also by the findings given in the interlocutory order dated 14.07.2023 passed by the learned Labour Court, Satara.

7.

With the above directions, Writ Petition is disposed. [ MILIND N. JADHAV, J. ] Ajay AJAY TRAMBAK UGALMUGALE Date: 2023.12.02 11:20:34 +0530 AJAY TRAMBAK UGALMUGALE Corrected / Modified Order as per Speaking to the Minutes of Order dated 01.12.2023. 2 of 2