Gadre Marine Export vs Sandip Laxman Rawaskar
2023 Latest Caselaw 3595 Bom

Citation : 2023 Latest Caselaw 3595 Bom
Judgement Date : 11 April, 2023

Bombay High Court

Gadre Marine Export vs Sandip Laxman Rawaskar on 11 April, 2023

Bench: N. J. Jamadar

SWAROOP Digitally
        SWAROOP
                  signed by

SHARAD SHARAD PHADKE
        Date: 2023.04.12
PHADKE 10:36:12 +0530                                                              21 wp 11809 of 2022.doc

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CIVIL APPELLATE JURISDICTION
                                  WRIT PETITION NO.11809 OF 2022

   Gadre Marine Export                                                ...         Petitioner
         versus
   Sandip Laxman Rawaskar                                       ...   Respondent

   Mr. Vijay Vaidya with Ms. Shraddha Chavan i/by Mr. Mahendra Agvekar for
   Petitioner.
   None for Respondent.

                                    CORAM:        N.J.JAMADAR, J.

                                    DATE :        11 APRIL 2023

   P.C.

1. Heard the learned Counsel for the Petitioner.

2. The challenge in this Petition is to a judgment and order dated 21 June

2022 passed by the learned Member, Industrial Court No.1, Kolhapur, whereby the

learned Member allowed the Revision Application (ULP) No.6 of 2019 preferred by

the Respondent and quashed and set aside the order dated 17 August 2017 passed by

the Labour Court on the issue of perversity of findings.

3. The parties were directed to remain present before the Labour Court

which in turn was directed to grant liberty to the employer to move an application for

permission to prove the misconduct of the employee by conducting de novo enquiry.

4. The learned Counsel for the Petitioner submits that against the final

order dated 11 May 2018 passed by the Labour Court also, the Respondent had

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21 wp 11809 of 2022.doc

preferred Revision (ULP) No.82 of 2018.

5. In the circumstances, arguable question is raised.

6. Hence, issue notice to the Respondent, returnable on four weeks.

7. In addition to notice through Court, the Petitioner is at liberty to serve

Respondent by private service and file an Affidavit of Service.

8. In the meanwhile, there shall be ad-interim relief in terms of prayer

clause (c) of the Petition.




                                                                   ( N.J.JAMADAR, J. )




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