Maharashtra State Cooperative Tribal ... vs Vishal Namdeorao Netam
2023 Latest Caselaw 12614 Bom

Bombay High Court

Maharashtra State Cooperative Tribal ... vs Vishal Namdeorao Netam on 12 December, 2023

Author: Avinash G. Gharote

Bench: Avinash G. Gharote

                                                              1                               16-8193-2023.odt


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

                                  WRIT PETITION NO.8193/2023

Maharashtra State Cooperative Tribal Development Corporation Limited
                            and another
                                 Vs.
                     Vishal Namdeorao Netam

Office Notes, Office Memoranda                          Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders

                                  Mr. D.P. Bhongade, Advocate for petitioners


                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 12th December, 2023

Heard learned counsel for the petitioners.

2. The petition challenges the judgment dated 05/10/2023, passed by the learned Industrial Court in revision, whereby the order of the learned Labour Court below Exh.C-6, dated 07/11/2022, an application filed by the present petitioners, complaining lack of territorial jurisdiction, which was allowed by the learned Labour Court, has been set aside and it has been held that the learned Labour Court at Bhandara would have jurisdiction.

3. The learned counsel for the petitioners submits that since the petitioners are not having local offices at Bhandara, the impugned order could not have been passed as that causes prejudice to the 2 16-8193-2023.odt

petitioners. It is further contended, that at the time of termination, the respondent was posted at Ramtek, the criminal complaint for misappropriation was also filed at Ramtek, for which reason, according to him, the learned Labour Court at Bhandara would not have jurisdiction.

4. It is necessary to note, that the learned Industrial Court in the impugned order has recorded that the show cause notices preceding the enquiry for termination were issued by the Bhandara Branch of the petitioners; the enquiry has also been conducted at Bhandara and, therefore, it was the learned Labour Court at Bhandara, which has the territorial jurisdiction.

5. There is no dispute with this factual position. Since the enquiry was conducted at Bhandara and termination was at Bhandara, I do not see any reason to interfere in the impugned judgment of the learned Industrial Court. The petition is dismissed. No costs.

JUDGE

MP Deshpande

Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 13/12/2023 17:24:40