Securevalue India Limited v. Sarva Shramik Sanghatana

2025:BHC-OS:16095 Megha 16_wp_4226_2024.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.4226 OF 2024 Securevalue India Limited

...Petitioner

V/s.

Sarva Shramik Sanghatana

...Respondent

______________ Mr. Mahesh Shukla with Ms. Priyanka Bariya and Mr. Niraj Prajapati for the Petitioner.

Ms. Gayatri Singh, Senior Advocate with Ms. Hosanna Fernandez i/b. Mr. Sanjot Shirsath for the Respondent.

______________ CORAM: SANDEEP V. MARNE, J.

DATED: 20 SEPTEMBER 2025.

P.C.:

1) Petition challenges order dated 26 September 2023 passed by the Presiding Officer, Industrial Tribunal, Mumbai on Application below Exhibit U-3 filed in Reference (IT) No.26 of 2019. By way of the impugned order the Industrial Tribunal has granted interim relief in favour of the concerned workmen directing payment of additional Rs.2,000/- by the Petitioner to the concerned workmen from the date of Reference till the decision thereof.

2) Heard Mr. Shukla, the learned counsel appearing for the Petitioner and Ms. Singh, the learned Senior Advocate appearing for the Respondent.

3) Perusal of the findings recorded by the Industrial Tribunal in the impugned order dated 26 September 2023 would indicate that it has taken into consideration salary slip of one of the workmen -Mr. Ganesh Page No.

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Megha 16_wp_4226_2024.docx Hindurao Rajpure. After taking into consideration his salary slip it has arrived at a conclusion that he was drawing salary of Rs.10,000/- per month. Based on this, the Industrial Tribunal has directed additional amount of Rs.2,000/- per month as interim hike in the salary. 4) Mr. Shukla has invited my attention to salary slip of Mr. Ganesh Hindurao Rajpure for the month of August 2022, which shows basic pay of Rs.12,650/- and HRA Rs.1110 in addition to few more allowances. The total salary paid to him in August-2022 was Rs.13760/-. The Industrial Tribunal has thus recorded a perverse finding that salary drawn by Mr. Ganesh Hindurao Rajpure as on the date of 26 September 2023 was only Rs.10,000/-. Findings recorded by the Industrial Tribunal is thus perverse and liable to be set aside. Even otherwise the Reference is pending since the year 2019 and that instead of deciding interim hike in wages, the Industrial Tribunal could have proceeded to decide the Reference finally.

5) I accordingly proceed to pass the following order:- (i) Order dated 26 September 2023 passed by the Industrial Tribunal in Reference (IT) No.26 of 2019 is set aside. (ii) Industrial Tribunal is requested to decide the Reference (IT) No.26 of 2019 in an expeditious manner, preferably within a period of six months, on its own merits without being influenced by any of the observations made in the present order.

6) With the above directions, Writ Petition stands disposed of. [SANDEEP V. MARNE, J.] Signed by: Megha S. Parab Designation: PA To Honourable Judge Date: 23/09/2025 14:33:35 Page No.

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