Manoj S/O Ravishankar Soni vs Assistant Labour Commissioner, ...
2022 Latest Caselaw 11623 Bom

                                     1                   wp1586.2020

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

               WRIT PETITION NO.1586/2020



Manoj S/o Ravishankar Soni,
aged about 48 Yrs., Occ. Nil,
R/o C-401, Ashirwad Apartments,
Near Lamba Petrol Pump, Kamptee
Road, Indora Square, Nagpur.                      ...   Petitioner
      - Versus -
1.   Assistant Labour Commissioner,
     New Administrative Building No.2,
     A Wing, 4th Floor, Civil Lines,
     Nagpur.

2.   National Council of Churches in
     India, Christian Service Agency through
     its Secretary, Near C.P. Club, Civil Lines,
     Nagpur.                                     ...    Respondents

            -----------------
Mr. S.S. Mohod, Advocate for the Petitioner.
Mr. N.S. Rao, Assistant Government Pleader for Respondent
No.1.
Mr. A.B. Mirza, Advocate for respondent No2.
           ----------------


            CORAM : SUNIL B. SHUKRE
                    AND ANIL L. PANSARE, JJ.

DATE : 15.11.2022 2 wp1586.2020

ORAL JUDGMENT (Per Sunil B. Shukre, J.)

Heard. Rule. Rule made returnable forthwith.

Heard finally by consent of learned counsel for the parties.

2. On going through the impugned order, we find, as

rightly submitted by learned counsel for the petitioner, the

Assistant Labour Commissioner acknowledges that there is a

dispute between employer and employee (terminated) but he

does not exercise his discretion under Section 10 of the Industrial

Disputes Act, 1947 which is a patent illegality.

3. Learned Assistant Government Pleader submits that

the matter can be remanded to the Assistant Labour

Commissioner i.e. respondent No.1 for fresh consideration of the

whole issue.

3 wp1586.2020

4. In view of the above, the petition is allowed. The

impugned order is hereby quashed and set aside and matter is

remanded back to respondent No.1 for fresh consideration of the

claim of petitioner seeking reference under Section 10 of the

Industrial Disputes Act, 1947. The application of the petitioner

shall be decided fresh, in accordance with law, as expeditiously as

possible and preferably within one month from the date of

appearance of the petitioner before respondent No.1. The

petitioner shall appear before respondent No.1 on 18.11.2022 at

11 a.m.

5. Rules is made absolute in the above terms. No costs.

CIVIL APPLICATION (CAW) NO.1497/2022

6. In view of above order, this civil application does not

survive and is disposed of accordingly. No costs.

(ANIL L. PANSARE, J.) (SUNIL B. SHUKRE, J.) Tambaskar.

Signed By:NILESH VILASRAO TAMBASKAR Private Secretary Date:16.11.2022 12:01