Mahesh Hemdev vs Maruti N. Jadhav C/O. Rajesh Shiv ...
2022 Latest Caselaw 11763 Bom

                                                                               32. wp 3710.22.doc

             Urmila Ingale

                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     ORDINARY ORIGINAL CIVIL JURISDICTION
         Digitally signed
         by URMILA
URMILA   PRAMOD
PRAMOD   INGALE
         Date:
INGALE   2022.11.17
         19:02:52 +0530

                                        WRIT PETITION NO. 3710 OF 2022

                             Mahesh Hemdev                      ..Petitioner
                                  vs.
                             Maruti N. Jadhav                   ..Respondent

                                                       ------------
                             Mr. Manoj Gujar a/w Mr. T.R.Yadav and Mr. Pradeep Kumar
                             i/b C.R.Naidu & Co., for petitioner.
                             None for the respodent.
                                                       ------------

                                                   CORAM : M. S. KARNIK, J.

                                                   DATE     : NOVEMBER 17, 2022.

                             P.C. :

1. None for the respondent though he has been served

with the Court's notice for final disposal as well the

advocate's notice. The challenge in this petition is to an

exparte award dated 18/09/2018 passed by the Third

Labour Court, Mumbai directing reinstatement of the

workman with continuity of service and full backwages with

effect from 06/12/2014. An application was made for

setting aside the exparte award by the petitioner-employer.

By the judgment and order dated 19/04/2022, the Labour

Court was of the opinion that the petitioner has failed to

32. wp 3710.22.doc

show reasonable and sufficient cause for recalling the

exparte order. It is the case of learned counsel for the

petitioner that the notice of the proceedings was served on

a wrong address and to a wrong person. It is submitted

that there was no intention to avoid the process of Court.

2. As there is no contest to this petition and having

regard to the submissions made by learned counsel for the

petitioner for the grounds raised in the petition, I am

inclined to set aside the impugned orders, however subject

to imposing certain conditions.

3. Subject to the petitioner depositing a sum of

Rs.2,50,000/- with the Third Labour Court, Mumbai without

prejudice to the rights and contentions of either of the

parties, within a period of four weeks from today, the

impugned orders dated 18/09/2018 and 19/04/2022 are set

aside. The restoration application (IDA) No. 12 of 2019 in

Reference (IDA) No. 312 of 2016 stands allowed. The

Labour Court to proceed. The petitioner to co-operate with

the Labour Court in the expeditious disposal. Reference

(IDA) No. 312 of 2016 is expedited.

32. wp 3710.22.doc

4. The writ petition is disposed of. No costs. Needless to

mention that the deposit made shall abide by the final

outcome of the proceedings before the Labour Court.

(M. S. KARNIK, J.)