Prakash Jagannath Solunke v. The Managing Director Karmayogi Ankushrao Tope Samarth Sahakari Karkhana Ltd

2026:BHC-AUG:15227 ( 1 ) 943 WP 4998 OF 2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 943 WRIT PETITION NO. 4998 OF 2024 PRAKASH JAGANNATH SOLUNKE

VERSUS

THE MANAGING DIRECTOR KARMAYOGI ANKUSHRAO TOPE SAMARTH SAHAKARI KARKHANA LTD ...

Mr. Swapnil A. Deshmukh, Advocate for the Petitioner Mr. S. K. Deshmukh a/w. Mr. Parag Shahane, Advocate for Respondent ...

CORAM

: AJIT B. KADETHANKAR, J.

DATE : 07.04.2026 PER COURT :- .

A complaint under Section 28(1) read with Item No. 1 of Schedule IV of the M.R.T.U. and P.U.L.P. Act, 1971 (hereinafter referred to as "the said Act") was filed by the petitioner before the learned Labour and Industrial Court. The said proceedings were registered as Complaint (ULP) No. 6 of 2019. By judgment and order dated 03.12.2021, the Industrial Court dismissed the complaint. Being aggrieved thereby, the petitioner has preferred the present writ petition.

2.

Mr. S. K. Deshmukh a/w. Mr. Parag Shahane, learned counsel for the respondent submits that an efficacious statutory remedy is available to the petitioner under Section 44 of the said Act by way of revision before the Industrial Court.

3.

Mr. Swapnil Deshmukh, learned counsel for the petitioner fairly concedes to the aforesaid position and seeks leave to withdraw the present writ petition with liberty to file a revision application before the Industrial

( 2 ) 943 WP 4998 OF 2024 Court challenging the impugned order.

4.

Mr. Shahane, learned counsel for the respondent fairly submits that the revision is not barred by limitation under the provisions of the said Act and further states that in the event the petitioner files such revision, the respondent shall not raise any objection on the ground of limitation. He further submits that the Industrial Court may decide the revision on its own merits.

5.

In view of the above, the Writ Petition is permitted to be withdrawn and is accordingly disposed of.

6.

The petitioner is granted liberty to file a revision under Section 44 of the said Act before the Industrial Court at Jalna challenging the impugned judgment and order dated 03.12.2021 passed in Complaint (ULP) No. 6 of 2019. If such revision is filed, the Industrial Court shall decide the same on its own merits, in accordance with law.

7.

All contentions of the parties are kept open. [AJIT B. KADETHANKAR, J.] PRW