Dr. Dhananjay Baburaoji Kadam vs Shiv Vaibhav College Of ...
2022 Latest Caselaw 11212 Bom

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

                     WRIT PETITION NO. 6498/2022
                     Dr. Dhananjay Baburaoji Kadam
                                   Vs.
                Shiv Vaibhav College of Education, Wardha
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Office Notes, Office Memoranda of Coram,        Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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               Mr. S.K. Bhandarkar, Advocate for the Petitioner.

                            CORAM : AVINASH G. GHAROTE, J.

DATED : 20th OCTOBER, 2022.

Heard learned counsel for the petitioner.

2. After considering the judgment in the case of M/s. East India Commercial Company Limited, Lessee of Shri Krishan Jute Mills, Eluru Vs. The Appellate Authority reported in 1993(I) A.P.L.J. 180(HC), which holds, that under Section 7(8) of the Payment of Gratuity Act, 1972, the Industrial Court has a power of remand, learned Single Judge of this Court in Writ Petition No.1629 of 2022 (Dr. Gajanan Vithoba Jain Vs. Shiv Vaibhav College of Education, Wardha) , decided on 22.09.2022, has held that the power of remand is not available under section 7(8) of the Payment of Gratuity Act. The impugned order, by relying upon the judgment in M/s. East India Commercial Company Limited (supra), has remanded the matter, considering which, issue notice for final disposal, returnable on 29.11.2022.

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3. Till the returnable date, there shall be ad interim stay in terms of prayer Clause (b).

(AVINASH G. GHAROTE, J.)

Vijay

Digitally Signed By:VIJAY KUMAR Personal Assistant to Hon'ble JUDGE Signing Date:20.10.2022 19:58