Atul Electro Formers Private Limited v. Sudhakar Chandrakant Londhe

2025:BHC-AUG:2762 1 902-wp-2150-00.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2150 OF 2000 ATUL ELECTRO FORMERS PRIVATE LIMITED

VERSUS

SUDHAKAR CHANDRAKANT LONDHE ...

Mr. Yugant R. Marlapalle, Advocate for the Petitioner Mr. V.P. Golewar, Advocate h/f Mr. Ashok Patil, Advocate for Respondent ...

CORAM : MANJUSHA DESHPANDE, J.

DATE : 31st JANUARY, 2025 PER COURT :

1.

Learned advocate for petitioner has placed on record the withdrawal pursis, which is marked as 'X' for the purpose of identification. In the pursis it is stated that respondent was dismissed from service, he therefore approached the Labour Court, Ahmednagar, by filing Ref (IDA) No.31/1988. The Labour Court vide award dated 31/01/2000 allowed the reference and directed reinstatement of respondent with continuity of service and 50% back wages. Petitioner challenged the said award in the present writ petition.

2.

It is submitted that the petition was admitted and is pending for final hearing. In the meanwhile, petitioner company closed it's factory on 28/02/2015. Therefore, in order to settle the matter out of court petitioner sent a cheque dated 02/12/2024 bearing No.511991 drawn on IDBI Bank of Rs.2,08,500/- to the SVH

2 902-wp-2150-00.odt respondent by post. However, the said cheque has been returned with remark that the respondent is dead.

3.

In view of the above, petitioner intends to withdraw the petition stating that in case the legal heirs of respondent approach the petitioner claiming the said amount then the same will be paid to them. However, the legal heirs must approach the petitioner company within three months, since the petitioner company is undergoing a liquidation process.

4.

In view of the withdrawal pursis, the writ petition is disposed of as withdrawn.

(MANJUSHA DESHPANDE, J.) SVH