M/S Design Steel Pvt Ltd Through Its Director Shashikant Rajkumar Jalan v. Ashok Namdev More

938wp9825.23

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 938 WRIT PETITION NO. 9825 OF 2023 M/S DESIGN STEEL PVT LTD THROUGH ITS DIRECTOR SHASHIKANT RAJKUMAR JALAN

VERSUS

ASHOK NAMDEV MORE ...

Advocate for the Petitioner : Mr. Sagar S. Vidwauns Advocate for Respondent : Mr. S. S. Barhate ...

CORAM : SIDDHESHWAR S. THOMBRE, J.

DATE : 02.12.2025 PER COURT :

1.

Heard Mr. Sagar S. Vidwauns, learned Counsel for the Petitioner and Mr. S. S. Barhate, learned Counsel for the Respondent. 2.

The petitioner is challenging the order dated 08.02.2023 passed below Exh. 5 by the learned Labour Court, Aurangabad in Ref(IDA) No. 50 of 2022, whereby, the reference made by Dy. Commissioner, (Labour), Aurangabad was answered in affirmative. 3.

It is pointed out that notice was not served upon the petitioner and the matter was proceeded ex-parte. As the matter was not decided on its own merit, I deem it appropriate to set aside the order dated 08.02.2023, passed by the Labour Court, Aurangabad and remand the matter back to the learned Labour Court, Aurangabad to decide it afresh.

938wp9825.23 4.

The petitioner to deposit cost of Rs. 25,000/- (Rs. Twenty Five Thousand) to the High Court Bar Library, Aurangabad. The cost to be paid within a period of two weeks from today. 5.

In view thereof, the Writ Petition is partly allowed. The order dated 08.02.2023 passed below Exh. 5 by the learned Labour Court, Aurangabad in Ref(IDA) No. 50 of 2022 is hereby quashed and set aside. 6.

The matter is remanded to the learned Labour Court, Aurangabad to decide it afresh.

(SIDDHESHWAR S. THOMBRE, J.) mahajansb/