1 209.WP.605-2011 JUDGMENT.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 605 OF 2011
M/s. V.W. Ambekar & Co.
22, Shivaji Nagar, Nagpur.
Through Shri Vilas Ambekar PETITIONER
Versus
Ku. Nisha B. Deshkar,
C/o. Arvind Deshpande,
Behind Sangh Bldg., Mahal, Nagpur. RESPONDENT
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Mr. J.L. Bhoot, Advocate for the Petitioner.
Mr. A.J. Pathak, Advocate for the Respondent.
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CORAM : AVINASH G. GHAROTE, J.
DATED : 5th JANUARY, 2023. ORAL JUDGMENT :-
Heard Mr. Bhoot, learned counsel for the petitioner and Mr. Pathak, learned counsel for the respondent.
2. The learned Labour Court by the Award dated 2 209.WP.605-2011 JUDGMENT.odt 30.06.2010 (page 16), has answered the reference in the affirmative and quashed the termination of the respondent and directed reinstatement with continuity of service and to pay 50% of backwages. Mr. Pathak, learned counsel for the respondent, fairly concedes that since the petitioner/Firm is a firm of Chartered Accountants, the provisions of Bombay Shops and Establishments Act are not applicable and the award of the learned Labour Court issues the direction, merely on a presumption that the provisions of the Bombay Shops and Establishments Act are applicable to the petitioner/Firm. The award dated 30.06.2010, in para 6 proceeds on a premise that the Bombay Shops and Establishments Act is applicable to the petitioner/Firm, and therefore, holds that the petitioner/Firm is a commercial activity, and therefore, being a commercial establishment, the action of termination of the respondent without complying the provisions of Section 25-F and 25-G of the Industrial Disputes Act was per se illegal. Since it is admitted, that the provisions of the Bombay Shops and Establishments Act are not applicable to the petitioner/Firm, which is a Firm of Chartered Accountants, the impugned judgment which is based upon this premise, cannot be sustained 3 209.WP.605-2011 JUDGMENT.odt as the provisions of the Industrial Disputes Act therefore would not be attracted, considering which, the award dated 30.06.2010, passed by the learned First Labour Court, Nagpur is hereby quashed and set aside and the complaint filed by the respondent is dismissed and the reference is answered in the above terms.
3. The Petition is allowed in the above terms. Rule accordingly. No costs.
4. Pending application/s, if any, shall stand disposed of accordingly.
( AVINASH G. GHAROTE, J.) S.D.Bhimte Signed By:SHRIKANT DAMODHAR BHIMTE Signing Date:07.01.2023 10:27