Shri Baban S/O Laxman Marbate vs The Panel Board And Laminates Ltd. ...
2017 Latest Caselaw 4268 Bom

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

                     WRIT PETITION NO.5436 OF 2016


Shri Baban s/o Laxman Marbate,
Aged about 54 years, Occupation : Nil,
R/o Visapur, 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 judgment and

order      dated       18/07/2016     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.5436/2016 is partly allowed.

II. Impugned judgment and order dated 18/07/2016 in

Revision (ULP) No.60/2014 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.)