Bombay High Court
Ranvik Auto Component Pvt. Ltd vs Sanjivkumar Madhukar Landage And ... on 17 August, 2022
Bench: C.V. Bhadang
505-wp-9873-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 9873 OF 2022
Ranvik Auto Component Pvt. Ltd. ...Petitioner
V/s.
Sanjivkumar Madhukar Landage and Anr. ...Respondents
----
Mr. Kiran Bapat i/b. M/s. Desai and Desai Associates, for the
Petitioner.
Mr. Jay Prakash Pawar, for the Respondent No.1.
----
CORAM : C.V. BHADANG, J.
DATE : 17 AUGUST 2022
Digitally
signed by P.C.
MAMTA MAMTA
AMAR KALE
AMAR Date:
KALE 2022.08.18
10:26:50
+0530
. Not on board. Taken on board.
2. By consent of parties, the petition is taken up for final
disposal, in as much as a batch of 17 connected petitions being
Writ Petition No.7390/2019 and others have been disposed of by
this Court by judgment and order dated 24 February 2020.
3. There were in all 18 awards passed by the Labour Court at
Pune directing reinstatement, continuity of service and back
wages to the individual workmen therein.
Mamta Kale page 1 of 3
505-wp-9873-2022.doc
4. The Petitioner has challenged 17 out of 18 awards in Writ
Petition No.7390/2019 and others. On 24 February 2020, after
noting the concession on behalf of the Petitioner, the petitions
were disposed of by confirming the part of the award relating to
reinstatement and continuity of service. However, the issue of
back wages was remitted back to the Labour Court at Pune for
fresh hearing in accordance with law, in each individual
references.
5. The learned counsel for the Petitioner submitted that as the
Director of the Petitioner, who was looking after the matter, had
expired during the Covid 19 Pandemic, one out of the 18 awards
remained to be challenged. It is submitted that the present
petition is filed challenging the award dated 9 October 2018 in
Refernce (IDA) No.374/2010. The learned counsel for the
Petitioner, therefore, submitted that similar order as passed in the
batch of Writ Petition No.7390/2019 and others may be passed
in this petition also.
6. The learned counsel for the Respondent No.1, in all
fairness, has expressed no objection for passing similar order. The
only submission is that this petition is filed after a period of two
years and therefore, it is submitted that appropriate costs may be
imposed on the Petitioner.
Mamta Kale page 2 of 3
505-wp-9873-2022.doc
7. Having heard the learned counsel for the parties, the
petition is partly allowed. The impugned award passed by the
Labour Court to the extent of granting reinstatement with
continuity of service, is hereby maintained. The impugned award
to the extent of grant of back wages is hereby set aside.
8. The issue of back wages is remitted to the Labour Court at
Pune for fresh hearing in accordance with law after permitting the
parties to lead their respective evidence.
9. The Labour Court shall decide the issue of back wages as
expeditiously as possible and preferably within a period of six
months from the receipt hereof.
10. Parties to appear before the Labour Court at Pune on 5
September 2022 and shall produce the authenticated copy of this
order.
In the circumstances, there shall be no order as to costs.
C.V. BHADANG, J.
Mamta Kale page 3 of 3
