Narayan Ulhalkar v. M/S. Rohan Paper Mills Ltd. And ANR
Neeta Sawant 27-WP-7418-2023.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7418 OF 2023 Narayan Ulhalkar } ..Petitioner : Versus :
M/s. Rohan Paper Mills Ltd.
and anr.
} ..Respondents ____________________________________________________________ Mr. Kaushal Udeshi i/by. Vis Legis Law Practice for the Petitioner. CORAM : SANDEEP V. MARNE, J.
Dated : 25 April 2024.
P.C. :
1) By this petition, Petitioner challenges Judgement and Order dated 13 October 2021 passed by the Labour Court, Satara in IDA No.36/2013. The grievance of the Petitioner is with regard to recovery of amount of Rs.4,11,400/- alongwith interest from the Respondents under the provisions of Section 33C(2) of the Industrial Disputes Act, 1947. The said demand appears to be in respect of Petitioner's alleged service with M/s. Nira Pulp and Paper Mills Ltd. during the period from 1985 to 1991. It appears that said M/s. Nira Pulp and Paper Mills Ltd. has been wound up and M/s. Rohan Paper _____Page No.
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Neeta Sawant 27-WP-7418-2023.docx Mills Ltd. has purchased the land, plant & machinery of M/s. Nira Pulp & Paper Mills Ltd. by sale-deed dated 9 August 2012. 2) Petitioner should have raised his grievance against M/s. Nira Pulp & Paper Mills Ltd. immediately after discontinuation of his services in the year 1991 consequent to closure of M/s. Nira Pulp factory. He thought of raising a claim against the purchaser only after execution of sale-deed in purchaser's favour in the year 2012. Respondents are merely purchasers in respect of the property of M/ s. Nira Pulp Factory. It is highly doubtful whether they would have any liability to pay pending wages to the employees of M/s. Nira Pulp & Paper Mills Ltd. The application filed by the Applicant before the Labour Court was hopelessly barred by limitation. I therefore do not see any patent error in the order passed by the Labour Court. The Writ Petition being devoid of merits is dismissed without any order as to costs.
[SANDEEP V. MARNE, J.] Digitally signed by NEETA SHAILESH SAWANT Date:
2024.04.30 11:08:34 +0530 NEETA SHAILESH SAWANT _____Page No.
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