Arshila D/O Fulchand Manwatkar vs M/S Anand Gas Services & Domestic ...
2017 Latest Caselaw 1504 Bom

                                                  1              wp3805.09.odt

                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          NAGPUR BENCH, NAGPUR


                          WRIT PETITION NO. 3805 OF 2009


            Arshila Fulchand Manwatkar,
            aged Major, R/o. Nalanda Square,
            Bablvan, Garoba Maidan, Nagpur .......                               PETITIONER

                                  ...VERSUS...

            M/s. Anand Gas Services & 
            Domestic Appliances, through its
            Director, Plot No. 269, Central Avenue,
            Wardhaman Nagar, Nagpur...             ..                RESPONDENT

 -------------------------------------------------------------------------------------------
 Shri D.M.Kakani, counsel for Petitioner 
 Shri S.S.Ghate, counsel for Respondent 
 -------------------------------------------------------------------------------------------

                           CORAM: R. K. DESHPANDE, J.

th DATE : 06 APRIL, 2017 .

ORAL JUDGMENT

Heard the learned counsels appearing for the

parties finally.

2] After going through the award passed by the

labour Court in Reference IDA No. 23 of 1998, it is found that

there is absolutely no discussion on the aspect of continuous

2 wp3805.09.odt

service of 240 days preceding the date of alleged

retrenchment, recorded by the Reference Court. On the

question of abandonment of service also, no findings are

recorded. The evidence produced on record has not been

considered. In the absence of findings on the relevant

aspects of the matter, the learned counsels appearing for the

parties submit that the matter need to be remanded back to

the Reference Court by setting aside the award dated

17.07.2008.

3] In the result, the writ petition is allowed. The

award dated 17.07.2008 passed in Reference I.D.A Case No.

23 of 1998 passed by the Reference Court is hereby

quashed and set aside. The matter is remitted back to the

labour Court to decide the reference in accordance with law.

The parties shall be permitted to lead evidence in support of

their rival claims. R & P be sent back immediately. No

orders as to cost.

JUDGE

Rvjalit