Babasaheb Kailas Rokade v. Godavari Bio Regineries Ltd And Others

919wp861.22

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 919 WRIT PETITION NO. 861 OF 2022 BABASAHEB KAILAS ROKADE

VERSUS

GODAVARI BIO REGINERIES LTD AND OTHERS ...

Advocate for the Petitioner : Mr. Barde Parag Vijay ...

CORAM : SIDDHESHWAR S. THOMBRE, J.

DATE : 17.12.2025 PER COURT :

1.

Heard the learned Counsel for the respective parties. 2.

By way of this petition, the petitioner assails the order dated 05.08.2020 passed below Exhibit O-17 by the Industrial Tribunal, Ahmednagar in Reference (IT) No. 02 of 2021, whereby, the reference under Section 10 of the Industrial Dispute Act, 1947 was forwarded by the Deputy Commissioner, Labour, Nashik. The Reference was referred that whether 30 Security Guards mentioned in Annexure-A are entitled to get permanency, other benefits and difference of consequential wages. 3.

After the receipt of the reference, notices were issued to respondents and both the parties led their evidence. 4.

I have gone through the order passed by the learned Industrial Court. It reveals that the learned Industrial Court, after considering the evidence led by both the parties, has recorded a finding

919wp861.22 that all the employees have been engaged through the Contractor for a period from 18.07.2007 to 31.12.2013 and all the documents were duly proved before the Industrial Court. Therefore, considering this finding, I find that the employees mentioned in annexure-A are appointed through the contractor and therefore, all they are not entitled to claim permanency other benefits and difference of consequential wages. 5.

Therefore, I do not find any reason to interfere in the order dated 05.08.2020 passed below Exhibit O-17 by the Industrial Tribunal, Ahmednagar in Reference (IT) No. 02 of 2021 under Article 227 of the Constitution of India.

6.

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

(SIDDHESHWAR S. THOMBRE, J.) mahajansb/