The Vidarbha Premier Co-Operative Housing Society Ltd., Through Its General Manager, Nagpur And Oth v. Anil K. Darshanwar And Others

4-WP-2082-2083.14 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.2082 OF 2014 The Vidarbha Premier Co-operative Housing Society Ltd. Nagpur Thr. its General Manager & Ors.

-vsAnil K. Darshanwar & Ors.

WITH WRIT PETITION NO.2083 OF 2014 The Vidarbha Premier Co-operative Housing Society Ltd. Nagpur Thr. its General Manager & Ors.

-vsSunil S/o Narayanrao Urewar & Ors.

------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri R. B. Puranik, Advocate for petitioner.

Shri D. M. Kakani, Advocate for respondent No.1. CORAM : A.S.CHANDURKAR, J.

DATE : JULY 10, 2015 In view of notice for final disposal issued to respondent No.1, Rule. Rule made returnable forthwith and heard finally.

The petitioner herein is aggrieved by the order passed by the Labour Court dated 06/11/2012 permitting the respondent No.1 to call the Inquiry Officer as his witness for leading evidence.

After hearing respective counsel for the parties for sometime, the petitions can be disposed of in view of consensus of the learned counsel by observing thus : (i) The Inquiry Officer who is respondent No.24 in the complaint is permitted to be examined by the

4-WP-2082-2083.14 2/2 complainant as his witness. The right of other respondents in the complaint to cross-examine the respondent No.24 is kept open.

(ii) While recording evidence of said respondent No.24, the learned Judge of Labour Court shall keep in mind the settled principles of law in the matter of recording evidence of the witness.

Subject to these observations, the order impugned is maintained. Both the Writ Petitions are accordingly disposed of with no order as to costs.

JUDGE Asmita