Girish Bhagwandas Lohoti v. Shankar Lakhu Pujari And Others

2025:BHC-NAG:11202 1 72-WP-2937-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.2937 OF 2024 Girish Bhagwandas Lahoti Vs.

Shankar Lakhu Pujari and Others Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S.S. Das, Advocate for the Petitioner.

Mr. N.S. Khandelwale, AGP for the Respondent/State. CORAM: SIDDHESHWAR S. THOMBRE, J .

DATED : 16 th OCTOBER, 1.

Heard Mr. S.S. Das, learned counsel for the petitioner and Mr. N.S. Khandelwale, learned AGP for the respondent/State.

2.

Learned counsel for the petitioners submits that the Authority, Minimum Wages Act, 1948 and the Assistant Workmen Commissioner, Akola passed an order on 15.03.2024 in Case No.20(2)/08/2021 under Section 20(2) of the Minimum Wages Act, 1970 without granting sufficient opportunity of hearing to the petitioner.

3.

I have gone through the order passed by the learned Labour Commissioner and though, the notices were issued, in-spite of service of the notice, the petitioner chose not to remain present before the Authority and the order was passed. In view of the fact that an opportunity was given to the petitioner, but, in

2 72-WP-2937-2024.odt the interest of justice, one more opportunity needs to be granted to them.

4.

In view thereof, the present writ petition is partly allowed. Order dated 15.03.2024 in Case No.20(2)/08/2021 passed by Minimum Wages Act, 1948 and the Assistant Workmen Commissioner, Akola is hereby quashed and set-aside, subject to payment of cost of Rs.50,000/- (Rupees Fifty Thousand Only) which shall be paid to the respondent within a period of two weeks. Learned Labour Commissioner to decide the proceeding afresh within a period of three months from today. No order as to costs.

(S IDDHESHWAR S. THOMBRE J.

) Privel