Mohanish Ramkrishna Shende And Another vs Vinayak Nimje
2023 Latest Caselaw 12786 Bom

Bombay High Court

Mohanish Ramkrishna Shende And Another vs Vinayak Nimje on 14 December, 2023

Author: Avinash G. Gharote

Bench: Avinash G. Gharote

                                                                 1                            19-8247-23.odt


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

                      WRIT PETITION NO.8247/2023
            Mohanish Ramkrishna Shende & Anr. Vs. Vinayak Nimje
Office Notes, Office Memoranda                          Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders

                                  Mrs. K.K. Pathak, Advocate for petitioners

                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 14th December, 2023

Heard learned counsel for the petitioners.

2. The petition questions the judgment dated 15/7/2023, whereby the petitioners have been directed to pay closure compensation of Rs.2,28,462/- and wages of Rs.9000/- for the month of July, 2019 to the respondent, in an application under Section 33 C(2) of the Industrial Disputes Act, 1947. It is contended that though the learned Labour Court in para 12 records that undisputedly there is no adjudication of competent Court or any settlement between the parties in respect of entitlement of closure compensation by incorrectly applying Section 25(FFF) to the establishment of the petitioners, which has only six employees as against the requirement of minimum 50 employees the impugned judgment has been passed.

2. Issue notice for final disposal, returnable on 10th January, 2024.

2 19-8247-23.odt

3. Till the returnable date, there shall be ad- interim stay to the impugned judgment.

JUDGE

MP Deshpande

Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 14/12/2023 18:09:45