wp.5432.16.jud 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO.5432 OF 2016
Shri Janardan Zungaji Gatade,
Aged about 56 years, Occupation : Nil,
R/o at Post Visapur, Ward No.5,
Tahsil : Ballarpur, District Chandrapur. .... Petitioner
-- Versus -
The Panel Board & Laminates Ltd. Co.,
Unit at Visapur, Tahsil Ballarpur,
District Chandrapur, through its
Authorized Signatory. .... Respondent
Shri F.G. Isaac, Advocate for the Petitioner.
Shri V.M. Dewalkar, Advocate for the Respondent.
CORAM : KUM. INDIRA JAIN, J.
DATE : JULY 10, 2017.
ORAL JUDGMENT :-
Rule. Rule made returnable forthwith. Heard finally
with the consent of the learned Counsel for the parties.
02] Challenge in this petition is against the common
judgment and order dated 11/07/2016 passed by the Industrial
Court, Chandrapur allowing the revision applications preferred by
petitioner and respondent and remanding the matter to the
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Labour Court for fresh trial on the issue of quantum of
compensation by giving both the parties opportunity as per the
law.
03] Heard the learned Counsel for the parties. With their
assistance, this Court has gone through the impugned order
passed by the Industrial Court. It can be seen from the reasons
recorded that the Industrial Court has considered only one of the
grievances relating to quantum of compensation. Perusal of
revision applications preferred by petitioner and respondent
before the Industrial Court would reveal that the principal
grievance of petitioner was regarding denial of continuity in
service and the consequential benefits, whereas respondent
challenged the judgment and order passed by the Labour Court
on the ground that enquiry was properly conducted and
complainant had not proved violation of principles of natural
justice. There is no whisper in the entire order regarding the
same.
04] As Industrial Court has not considered the principal
grounds raised in the revision applications, it is essential to
remand the matter to the Industrial Court for fresh decision in
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accordance with the law. Hence, the following order :
ORDER
I. Writ Petition No.5432/2016 is partly allowed. II. Impugned common judgment and order dated 11/07/2016 in Revision (ULP) Nos.54/2014 and 79/2014 is quashed and set aside. III. Matter is remanded to the Industrial Court, Chandrapur for fresh decision in accordance with the law.
IV. Parties to appear before the Industrial Court, Chandrapur on 24th July, 2017. V. Writ petition stands disposed of. VI. Rule is made absolute in above terms. VII. No costs.
*sdw (Kum. Indira Jain, J.)
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