Nagnath Urban Co-Operative Bank Ltd., Thr. General Manager, Hingoli v. Central Govt. Industrial Tribunal Cum Labour Court, Thr. Presiding Officer, Nagpur

1 WP6458-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 6458/2025 (NAGNATH URBAN CO-OPERATIVE BANK LTD., HINGOLI VERSUS CENTRAL GOVT. INDUSTRIAL TRIBUNAL CUM LABOUR COURT, NAGPUR & OTHERS) Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri K.S. Narwade, counsel for the petitioner. Ms P.T. Joshi, Assistant Government Pleader for the respondent nos.2 and 3. CORAM : PRAFULLA S. KHUBALKAR, J.

D ATE : OCTOBER 17, 2025 Heard.

2.

The petitioner's grievance is against the order of dismissal in default of the appeal which was filed initially before the Employees Provident Funds Appellate Tribunal, New Delhi which was transferred to Nagpur and the consequent prohibitory orders issued against the petitioner.

3.

The learned counsel for the petitioner submits that the petitioner has filed an appeal under Section 7-I of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 before the Appellate Tribunal at New Delhi and in accordance with the order passed by the Tribunal, an amount of Rs.20,22,078/- which was above 40% of the amount assessed by the respondents was deposited before the Appellate Tribunal and stay was accordingly operating. Thereafter, the matter was transferred to Nagpur however, the petitioner was not served with any notice about such transfer. Resultantly, the petitioner did not appear to contest the proceedings and the appeal came to be dismissed in default. The

2 WP6458-25.odt petitioner had got knowledge after receipt of the prohibitory orders and therefore the petitioner has raised challenge to these orders andhas prayed for grant of interim relief.

4.

Having regard to the contentions advanced and considering the fact that the petitioner has already deposited an amount of Rs.20,22,078/- subject to which the interim relief was operating in favour of the petitioner, a prima-facie case is made out for grant of interim relief.

5.

Issue notice to the respondents returnable on 27.11.2025. 6.

Learned Assistant Government Pleader Ms P.T. Joshi waives service of notice for the respondent nos.2 and 3. 7.

In the meantime, the prohibitory orders dated 23.09.2025 and 01.10.2025 issued by the respondent no.3 may not be given effect to.

(PRAFULLA S. KHUBALKAR, J.) APTE Signed by: Apte Designation: PS To Honourable Judge Date: 17/10/2025 16:40:11