M/S. Noor Hospital v. Mehjabeen Altaf Shiraonkar

906-wp-18498-2024.doc Shabnoor

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.18498 OF 2024 M/s. Noor Hospital ... Petitioner V/s.

Mehjabeen Altaf Shirgaonkar ... Respondent Mr. Shailesh S Pathak, a/w Mr. T. R. Yadav, for the Petitioner.

Mr. Syed Shabana Ali, for Respondent.

CORAM

: AMIT BORKAR, J.

DATED : MARCH 6, 2026 P.C.:

1.

The learned Advocate for the Petitioner, placing reliance upon the unreported judgment of this Court in Chowgule Industries Pvt. Ltd. vs. Krishna Shrikant Kumbhar & Ors., (Writ Petition No.4117 of 2019, decided on 9 January 2020), submitted that the learned Labour Court could not have directed payment of 100% wages for a period of 180 days. It was urged that the expression "other law" occurring in Section 10A of the Industrial Employment (Standing Orders) Act, 1946 would not include Rule 25(5-A) of the Mode Standing Orders framed under the Bombay Industrial Employment (Standing Orders) Rules, 1959. 2.

Since the observations made in paragraph 4 of the aforesaid judgment, prima facie, appear to cover the issue involved in the present petition, in order to ascertain whether the statement made by the employer and recorded by the Labour Court in paragraph

906-wp-18498-2024.doc 21 of the impugned order is factually correct or not, the Respondent shall file an affidavit in case the said statement is factually incorrect.

3.

However, considering the fact that the issue appears to be covered by the aforesaid judgment of this Court, the bank account of the Petitioner maintained with Bank of India bearing Account No. 003220100000752, Current - General Account Type, IFSC No. BKID0000032 shall be de-sealed.

4.

Stand over to 27 March 2026.

5.

Until further orders, the impugned order shall remain stayed. (AMIT BORKAR, J.)