All India Reporter Engineering Co. Ltd. Nagpur Thr. Administrative Head v. Vasant S/O Pandurang Badokar And Others

80-wp-6814-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition (WP) No. 6814 of 2023 All India Reporter Engineering Company Limited, Nagpur through its Administrative Head

Versus

Vasant S/o Pandurang Badokar and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri H.V.Thakur, Advocate for the petitioner. Shri D.A.Sonwane, Advocate for the respondent nos. 1, 4 and 5.

CORAM : ANIL S. KILOR, J.

DATED : 26th APRIL, 2024.

Heard.

2.

The respondents filed the complaint before the learned Labour Court i.e. Complaint ULPA No. 725 of 2001, by making following prayers:

"(i) Hold and declare that the respondents have engaged in unfair labour practice under Item 1(a)(b)(c) (d)(f) and (g) of Schedule IV of U.L.P. Act, by issuing suspension order dated 30.10.2001 and charge sheet dated 4.12.2001 to the complainants and by initiating enquiries against them and by appointing the outsider enquiry officer;

(ii) Direct the respondent to withdraw the above reported unfair labour practices by withdrawing the suspension and charge sheet against the complainants permanently and perpetually and reinstate the complainants in service as before by giving all the arrears of wages;

(iii) Further to quash and set aside the suspension order dated 30.10.2001 and charge-sheet dt. 4.12.2001 by holding them illegal arbitrarily, by way of victimization and malafide intention, and also contrary to the SKNair

80-wp-6814-23.odt provisions of law and facts, and exhonorate the complainants from alleged misconduct and reinstate them in service as before along with the differences in wages.

(iv) Further to quash and set aside appointment of enquiry officer in the interest of justice, equity and fair play.

(v) Grant any other relief which this Hon'ble Court deems fit and proper in the facts and circumstances of the case."

2.

Today, the learned counsel for the petitioner makes a statement that the petitioner wants to file affidavit on record before the learned Labour Court, Nagpur to the effect that chargesheet stands withdrawn because of closure of the industry and the same is the status as regards the suspension order.

3.

In that view of the matter, I am of the opinion that no prejudice would be caused to the employees if such request is accepted. However, the learned Labour Court, Nagpur may either accept the affidavit or reject it while deciding the complaint finally, in accordance with law.

4.

Accordingly, the writ petition is disposed of. [ANIL S. KILOR, J.] SKNair