Abhinav Arvind Gaikwad v. Golden Fibres Llp, Mumbai Thr. Managing Director/ Chairman And ANR

2025:BHC-NAG:7328 28-WP-7297-24.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.7297 OF 2024 Abhinav Arvind Gaikwad, Brhmhanwada, Bhagat, Post Antora, Amravati -vsGolden Fibres LLP. Senapati Bapat Marg, Lower Parel, Mumbai and anr. WITH WRIT PETITION NO.7303 OF 2024 Seema Gajanan Ambulkar, Mozri, Tiwasa Amravati -vsGolden Fibres LLP. Senapati Bapat Marg, Lower Parel, Mumbai and anr. WITH WRIT PETITION NO.6796 OF 2024 Annapurna Pramod Bhosle, Praradhi Colony, Wadali, Amravati -vsGolden Fibres LLP. Senapati Bapat Marg, Lower Parel, Mumbai and anr. ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and the Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Ms Aasavari S. Kale, Advocate for petitioners. Shri D. M. Kakani, Advocate for respondents.

CORAM : SACHIN S. DESHMUKH, J.

DATE : July 21, 2025 1.

Heard the counsel for the parties at length.

2.

Learned counsel for the petitioners submitted that the enquiry officer has been appointed for conducting departmental enquiry initiated by the respondent-Management against the petitioners on the basis of charges levelled against the petitioners. Aggrieved by same, the petitioners filed complaints before the Industrial Court, Amravati. In an application for interim relief, apart from other prayers, a prayer is put forth by the petitioners for appointment of a neutral officer for conducting enquiry.

28-WP-7297-24.odt 2/2 3.

However, the application is silent about malice or bias approach of the enquiry officer as against the petitioners. 4.

Learned counsel for the respondents submitted that the petitioners were already served with Show Cause Notices and they have even participated in the enquiry proceedings and report of inquiry is also prepared.

5.

In absence of any material to indicate and establish malice or bias, much less in absence of the pleadings and eventual material to that effect against the Enquiry Officer, I do not find any error is committed by the Industrial Court while passing the order under challenge dated 07/11/2024. Nevertheless, petitioners herein having participated in the enquiry proceedings and put forth response before the enquiry officer, it is now not open to question the neutrality of the enquiry officer much less in absence of any ground/material in that regard. Hence no case is made out for causing interference in extra ordinary writ jurisdiction.

6.

The writ petitions stand dismissed accordingly. No order as to costs.

(Sachin S. Deshmukh, J.) Asmita