Gitai Madhukarrao Gawande v. Chief Executive Officer, Z.P. Cum President, Dist. Level Standing Committee, Akola And ORS

2026:BHC-NAG:3020 35 wp6297.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.6297 OF 2024 Gitai Madhukarrao Gawande Vs.

Chief Executive Officer, Z.P. Cum President, District Level Standing Committee, Akola and others __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri P.J. Mehta, Advocate for petitioner.

Shri A.S. Deshpande, Advocate for respondent nos.1 to 3. CORAM : M.W. CHANDWANI, J.

DATE : 13.02.2026.

1.

The petition challenging the order dated 26.06.2024 passed by the Member, Industrial Court, Akola in Revision ULP No.32/2024.

2.

Having heard learned counsel for the petitioner as well as learned counsel for the respondents and having gone through the impugned order it appears that an interim order dated 28.03.2024 passed by the Labour Court, Akola, directing the respondents to reinstate the services of the petitioner at the interim stage was stayed by the Industrial Court under the revisional jurisdiction. The petitioner was allegedly terminated without giving her opportunity of hearing and without holding any enquiry. The Industrial Court opined that termination by the respondents was on the ground of unsatisfactory performance.

35 wp6297.24.odt 3.

The Industrial Court, Akola is right in holding that since the petitioner was appointed on contract basis and is terminated for unsatisfactory performance, the Labour Court should not have directed for reinstatement of the petitioner at the interim stage. Having considered the impugned order, I do not find any reason to interfere with the order passed by the Industrial Court. The Industrial Court wisely directed the Labour Court to dispose of the complaint within six months from the date of impugned order.

4.

It is informed to this Court that still the R&P is lying in the Industrial Court, Akola which is really unfortunate. Be that as it may, in my view, it is expedient to direct the Labour Court, Akola to decide the complaint within six months from the date of receipt of this order. The Office of the Industrial Court, Akola is also directed to immediately send the R&P to the Labour Court, Akola so that the Labour Court, Akola can adhere to the timeline given by this Court. 5.

Needless to mention, all the observations made by this Court and Industrial Court, Akola are prima facie in nature and the Labour Court, Akola shall not get influenced by them.

6.

With this, the petition stands disposed of.

(M.W. Chandwani, J.) Wagh