Amit C Poddar Liquidator Adminstrator v. Machindra Harising Jadhav

2025:BHC-AUG:36841 1 1000 WP 12681-2022 to 1007, 1009 & 1010.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1000 WRIT PETITION NO. 12681 OF 2022 AMIT C PODDAR LIQUIDATOR ADMINSTRATOR

VERSUS

MACHINDRA HARISING JADHAV AND 1001 WRIT PETITION NO. 12682 OF 2022 AMIT C PODDAR LIQUIDATOR ADMINSTRATOR

VERSUS

BHUJANG SHANKARRAO THOTE AND 1002 WRIT PETITION NO. 12683 OF 2022 AMIT C PODDAR LIQUIDATOR ADMINSTRATOR

VERSUS

DSHARATH NARAYAN KHEDKAR AND 1003 WRIT PETITION NO. 12684 OF 2022 AMIT C PODDAR LIQUIDATOR ADMINSTRATOR

VERSUS

DATTATRYA RAMBHAU YERANDE AND 1004 WRIT PETITION NO. 12685 OF 2022 AMIT C PODDAR LIQUIDATOR ADMINSTRATOR

VERSUS

PRAHLAD PANDURANG PANDIT AND 1005 WRIT PETITION NO. 12688 OF 2022 AMIT C PODDAR LIQUIDATOR ADMINSTRATOR

VERSUS

KAKASAHEB BABURAO SABLE

2 1000 WP 12681-2022 to 1007, 1009 & 1010.odt AND 1006 WRIT PETITION NO. 12689 OF 2022 AMIT C PODDAR LIQUIDATOR ADMINSTRATOR

VERSUS

NARAYAN KAIRAM PATIL AND 1007 WRIT PETITION NO. 12690 OF 2022 AMIT C PODDAR LIQUIDATOR ADMINSTRATOR

VERSUS

MACHANDR PANDRINATH BOBDE AND 1009 WRIT PETITION NO. 12698 OF 2022 AMIT C PODDAR LIQUIDATOR ADMINSTRATOR

VERSUS

RAMESH BHARAT PASWAN AND 1010 WRIT PETITION NO. 12700 OF 2022 AMIT C PODDAR LIQUIDATOR ADMINSTRATOR

VERSUS

SHIVAJI DATTRAYA KHANDALE ...

Mr. Namit S. Muthiyan - Advocate for Petitioner Mr. A.R. Kawade & Mr. D.D. Jadhav - Advocates for respective Respondents ...

CORAM

: SIDDHESHWAR S. THOMBRE, J.

DATE :

18.12.2025 PER COURT :

1.

In all these petitions, the petitioners assail the orders passed by the Labour Court, whereby the preliminary objections raised by the petitioners came to be turned down by the Controlling Authority under

3 1000 WP 12681-2022 to 1007, 1009 & 1010.odt the Payment of Gratuity Act, 1972, as well as by the learned Labour Court, Aurangabad.

2.

Learned Counsel for the petitioners in all these petitions submits that as the company has undergone liquidation and proceedings are pending before the learned Liquidator, the petitioners are required to raise their claims before the learned Liquidator. 3.

Having considered the contentions raised by the petitioners, this Court is concerned about the interest of the workers. If workers are entitled to receive amount, the same shall be considered by the learned Liquidator. Without going into the merits of the petitions and the issue of maintainability, this Court deems it appropriate to direct the respondents/employees to raise their claims before the Liquidator. The parties are at liberty to file their submissions before the Liquidator, who shall adjudicate the same in accordance with law and pass the orders within a period of eight (8) weeks from today. The matters may be placed before the Labour Court thereafter.

4.

In the meanwhile, the proceedings pending before the Labour Court are kept in abeyance.

5.

In view of the above, the Writ Petitions are disposed of. [ SIDDHESHWAR S. THOMBRE, J. ] Pooja Kale/