Nana Mango Dhangar v. Jawahar Shetkari Sootgirani Ltd And Others

2025:BHC-AUG:34991 1 973 WP 5676-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 973 WRIT PETITION NO. 5676 OF 2023 NANA MANGO DHANGAR

VERSUS

JAWAHAR SHETKARI SOOTGIRANI LTD AND OTHERS ...

Mr. Suresh N. Rodge - Advocate for Petitioner ...

CORAM

: SIDDHESHWAR S. THOMBRE, J.

DATE :

12.12.2025 PER COURT :

1.

Heard learned Counsel for the petitioner.

2.

The petitioner challenges the order dated 07.10.2022 passed below Exhibit O-5 by the learned Industrial Court, Dhule in Revision (U.L.P.) No.44 of 2020, thereby confirming the judgment and order dated 26.06.2020 passed by the learned Labour Court, Dhule in Complaint (U.L.P.) No.4 of 2012, wherein the complaint filed by the petitioner came to be rejected.

3.

Learned Counsel for the petitioner submits that the petitioner herein was dismissed from service on account of misconduct. Pursuant thereto, a departmental enquiry was conducted against the petitioner and upon holding him guilty of the charges, the disciplinary authority passed the order of dismissal. He further submits that the petitioner was not

2 973 WP 5676-2023.odt given proper opportunity to defend his case during the enquiry, the charges levelled against him were not proved, the charges were serious in nature and all the evidence placed before the learned Labour Court have not been properly appreciated. It is submitted that the learned Labour Court as well as the learned Industrial Court failed to consider the material on record.

4.

I have gone through the orders passed by the learned Labour Court and the learned Industrial Court. After perusing the record, it is clear that the petitioner was dismissed from service after conducting a departmental enquiry. In the departmental enquiry, the petitioner was permitted to cross - examine the witnesses and in fact he cross - examined them. It is not brought on record that any illegality was committed by the Enquiry Officer while conducting the enquiry. The learned Labour Court has considered the enquiry proceedings and recorded that the enquiry was fair and proper. Once such a finding is recorded by the learned Labour Court and the learned Industrial Court upon considering the evidence placed before them, I do not find any reason to interfere with the order dated 07.10.2022 passed below Exhibit O-5 by the learned Industrial Court, Dhule in Revision (U.L.P.) No.44 of 2020 and order dated 26.06.2020 passed by the learned Labour Court, Dhule in Complaint (U.L.P.) No.4 of 2012, under Article 227 of the Constitution of India.

3 973 WP 5676-2023.odt 5.

In view thereof, the Writ Petition is dismissed. No order as to costs. 6.

The learned Counsel for the petitioner submitted that, he has been appointed through High Court Legal Aid Sub-Committee. Office to verify the same and pay the fees as per rules.

[ SIDDHESHWAR S. THOMBRE ] JUDGE Pooja Kale/