The Vice Chancellor/ Registrar, Dr. Panjabrao Deshmukh Agriculture University, Akola And Another v. Prakash Tukaram Khadgi
2025:BHC-NAG:10596 1 56-WP-2130-2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR WRIT PETITION NO.2130 OF 2024 The Vice Chancellor, Dr. Panjabrao Deshmukh Agriculture University, Akola and Another Vs. Prakash Tukaram Khadgi WITH WRIT PETITION NO.620 OF 2024 The Vice Chancellor/Registrar, Dr. Panjabrao Deshmukh Agriculture University, Akola and Another Vs. Prakash Tukaram Khadgi WITH WRIT PETITION NO.4104 OF 2024 The Vice Chancellor/Registrar, Dr. Panjabrao Deshmukh Agriculture University, Akola and Another Vs. Prakash Tukaram Khadgi Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Abhay Sambre, Advocate for the Petitioners in all these petitions. Mr. A.S. Deshpande, Advocate for the Respondent Sole. CORAM: SIDDHESHWAR S. THOMBRE, J .
DATED : 07 th OCTOBER, 1.
Heard Mr. Abhay Sambre, learned counsel for the petitioners and Mr. A.S. Deshpande, learned counsel for the respondent.
2.
The learned counsel for the petitioners submits that the petitioners being aggrieved by the order dated 30.03.2015 passed by Learned Labour Court, Akola in Complaint ULP No.6/2005, filed a Revision ULP No.46/2015 before Learned Industrial Court, Akola, which was decided on 22.11.2022. The learned Industrial Court, Akola has considered the ground of
2 56-WP-2130-2024.odt back-wages only, while refusing to consider the other grounds. Therefore, he prays to remand back the matter to the Industrial Court, Akola for deciding it afresh on all the grounds.
3.
Learned counsel for the respondent opposed the prayer for remanding back the matter and submitted that the respondent is 84 years old and is suffering from hardship because of pendency of all the proceedings and he is not getting any benefit pursuant to the order passed by the Courts.
4.
With the assistance of both the counsels, I have gone through the entire documents placed on record by the parties, more particularly, the copy of revision filed by the petitioner before the Industrial Court, wherein the petitioners have raised various grounds assailing the order of the Labour Court. Therefore, it was expected on the part of the Industrial Court to consider all the issues /grounds raised by the petitioner and address the same. After going through the order, I find that the Learned Industrial Court has not dealt with all the grounds raised by the petitioner and therefore, without touching the merits of the grounds raised by the petitioner as well as the submissions made by respondents, I am inclined to remand back the matter to the Industrial Court to pass an appropriate order after deciding all grounds raised by the petitioner and after giving both the parties an opportunity of hearing. 5.
In view thereof, the petition is partly allowed. The order passed by the Industrial Court, Akola in
3 56-WP-2130-2024.odt Revision ULP No.46/2015 (In WP No.2130/2024) is setaside and matter is remanded back to the Industrial Court to decide all the grounds which were raised by the petitioner.
6.
The Industrial Court, Akola shall make an endeavor to decide all these proceedings within a period of six weeks from today.
7.
Both the parties shall appear before the Industrial Court on 13.10.2025 and it is expected that all the parties to co-operate and not to ask for adjournment. WRIT PETITION NOS.620/2024 AND 4104/2024 8.
In view of the order passed in Writ Petition No.2130/2024, the impugned order dated 01.07.2023 passed in Application IDA No.12/2017 by Labour Court, Akola and impugned order dated 28.02.2024 in PGA Appeal No.26/2023 passed by Appellate Court are also liable to be set-aside. After deciding the revision by the Industrial Court, the proceedings IDA No.12/2017 and PGA Appeal No.26/2023 are to be decided thereafter, within a period of six weeks from today. No order as to costs.
(S IDDHESHWAR S. THOMBRE J.
) Privel