The Secretary / Minister Marathwada Khadi Gramodyog Samiti v. Anil Digambarrao Nalgire

2025:BHC-AUG:33926 913-wp-7810-2022.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7810 OF 2022 The Secretary / Minister Marathwada Khadi Gramodyog Samiti

VERSUS

Anil Digambarrao Nalgire ...

Advocate for the Petitioner : Mr. Adgaonkar Ravibhushan P ...

CORAM : SIDDHESHWAR S. THOMBRE, J.

DATED : DECEMBER 04, 2025 PER COURT :

1.

Heard Mr. Adgaonkar, learned counsel for the petitioner. 2.

The petitioner challenges the order dated 04.04.2022 passed below Exhibit O-4 by the learned Industrial Court, Latur in IDA No.36 of 2017, whereby the Industrial Court directed the petitioner to pay salary of the employee, which comes to Rs.1,78,899/-.

3.

Mr. Adgaonkar, learned counsel for the petitioner submits that after 2014, the respondent/employee never attended the duties and the same was admitted by the employee during his crossexamination before the learned Labour Court. Therefore, the Industrial Court ought not to have allowed the IDA reference partly. 4.

I have considered submissions advanced by the learned counsel for the petitioner and the order passed by the learned Industrial Court as well as the statement of claim and crossexamination. When there was a specific application filed by the employee for claiming salary for a particular period, the

913-wp-7810-2022.odt (2) petitioner/employer was supposed to place on record muster regarding the absentee of the respondent/employee, but despite of having sufficient opportunity, the same was not placed before the Industrial Court and therefore, the Industrial has rightly held that the employee is entitled to receive the salary for that period. 5.

In view thereof, I do not find any reason to interfere with order dated 04.04.2022 passed by the learned Industrial Court, Latur in IDA No.36 of 2014 under Article 227 of the Constitution of India. 6.

The petition is dismissed. No order as to cost. (SIDDHESHWAR S. THOMBRE, J.) Mujaheed//