Hindustan Unilever Limited, ... vs Sunil Namdeorao Patil
2023 Latest Caselaw 1613 Bom

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

                                                        WRIT PETITION NO.1054/2023

 Hindustan Unilever Limited, Bnuldhana, through its Factory Manager Mr. Biren
                                     Bhatia
                                  ...Versus...
                            Sunil Namdeorao Patil
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Office Notes, Office Memoranda of Coram,                                                                             Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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                                                                               Shri H.V. Thakur, Advocate for petitioner



                                                                                        CORAM : AVINASH G. GHAROTE, J.

DATE : 16/02/2023

1. Heard Shri Thakur, learned counsel for the petitioner.

2. It is contended that though preliminary issue as to the fairness of the enquiry and findings of the Enquiry Officer were decided in favour of the petitioner by the order dated 18/05/2018 (pg.70) and thereafter by the judgment dated 30/12/2019, the learned Labour Court had allowed the complaint by quashing the termination order dated 04/10/2013 with continuity of service, the direction insofar as it related to rejection of the back wages was challenged, before the learned Industrial Court in revision; the learned Industrial Court by the order dated 14/12/2022 has set aside the judgment of the learned Labour Court by framing three issues

05. WP 1054 of 2023.odt

and remanded the matter back for fresh final argument and deciding on the issues framed (pg.35).

3. The grievance is that since the finding on the preliminary issue was already considered and decided by the learned Labour Court and it was held that on the material available on record, nothing was placed to indicate less payment of subsistence allowance, issue no.1 could not have been framed by the learned Industrial Court and remanded the matter back to the learned Labour Court for deciding on the material already available, since whatever material was available, was duly considered and the finding rendered (para 21/pg.65), on the limited issue, regarding framing of issue no.1, (pg.35), issue notice for final disposal to the respondent, returnable on 28/02/2023.

4. The petitioner shall serve the respondent by all modes of service permissible in law including Hamdast.

(AVINASH G. GHAROTE, J.)

Wadkar

Digitally signed bySHAILENDRA SUKHADEORAO WADKAR Signing Date:16.02.2023 17:22