Chief Executive Officer Zilla Parishad Ahmednagar v. Anil Uttamchand Sundecha

Madkar 1 W.P. No. 9483-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD

938. WRIT PETITION No. 9483 of 2018 Chief Executive Officer, Z.P. Ahmednagar ... Petitioner

Versus

Anil Uttamchand Sundecha ...

Respondents Mr. S.T. Shelke, Advocate for petitioner.

Mr P.V. Barde, Advocate for respondent.

Coram : N.M. Jamdar, J.

Date : 27 November 2018.

ORAL ORDER :

1.

Heard the learned Counsel for the parties.

2.

The petitioner has challenged the order passed by the learned Labour Court, Ahemadnagar, rejecting application below Exhibit 5 dated 27 April 2015, order passed below Exhibit C-29 on 5 August 2016 and order passed below below Revision (ULP) No. 4/2017 on 16 March 2018.

3.

Consequence of the impugned orders is that the finding

Madkar 2 W.P. No. 9483-2018 of part I of the award about fairness of the inquiry has been held against the petitioner. Considering the facts and circumstances of the case and the decision of the Apex Court in the case of Cooper Engineering Limited Vs. Shri P.P. Mundhe, reported in AIR 1975 Supreme Court page 1900, the challenge of the petitioner to the Part I of the Award is kept open to be considered alongwith the challenge to the final award. 4.

With this clarification, the writ petition is disposed of. N.M. Jamdar, J.