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Bombay High CourtWP/13253/2022disposed off

Bhusawal Peoples Co Operative Bank Ltd. Through Its Liquidator v. Satish Pralhad Patil

2023-09-13Hon'Ble Shri Justice N. B. Suryawanshi2 pages

{1} 932-WP-13249-2022

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.13249 OF 2022 WITH WP/13253/2022 Bhusawal Peoples Co Operative Bank Ltd.

Through Its Liquidator Petitioner

Versus

Prakash Bhalchandra Patil Respondent Mr. V.B. Patil, Advocate for the petitioner.

Mr. N.S. Shah h/f. Mr. S.S. Patil, Advocate for the respondent. .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 13 th SEPTEMBER, 2023 ORDER :

1.

By these petitions, petitioner/bank has challenged the finding recorded by the Labour Court on Complaint (ULP) Nos. 32/2008 and 52/2008, thereby answering the preliminary issue in favour of the respondents and holding that respondents are workmen. Said finding on the preliminary issue is confirmed in the revision by the Industrial Court.

2.

Admittedly, the complaints are of the year 2008 and by this time the parties have already led evidence before the Labour Court. Industrial Court while dismissing the revision application filed by the petitioner directed the Labour Court to Bhagyawant Punde

{2} 932-WP-13249-2022 decide complaints within a period of six months from the date of the order i.e. 13.10.2022. In the light of peculiar facts of the present case and as the parties have already led evidence before the Labour Court, this Court is not inclined to go into the merits of challenge raised by the petitioner in this petition. 3.

Since, the complaints are of the year 2008, Labour Court to decide the complaints on merits within a period of three months from the date of receipt of writ of this order. 4.

All the contentions and challenges raised by the parties are kept open.

5.

Writ petitions are disposed of.

[NITIN B. SURYAWANSHI, J.] Bhagyawant Punde