M/S V.W.Ambekar And Company, Thr. ... vs Ku. Nisha B. Deshkar
2023 Latest Caselaw 154 Bom

                             1              209.WP.605-2011 JUDGMENT.odt




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

                WRIT PETITION NO. 605 OF 2011

     M/s. V.W. Ambekar & Co.
     22, Shivaji Nagar, Nagpur.
     Through Shri Vilas Ambekar                  PETITIONER


       Versus


     Ku. Nisha B. Deshkar,
     C/o. Arvind Deshpande,
     Behind Sangh Bldg., Mahal, Nagpur.         RESPONDENT



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Mr. J.L. Bhoot, Advocate for the Petitioner.
Mr. A.J. Pathak, Advocate for the Respondent.
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                  CORAM : AVINASH G. GHAROTE, J.

                  DATED     : 5th JANUARY, 2023.

ORAL JUDGMENT :-

Heard Mr. Bhoot, learned counsel for the petitioner

and Mr. Pathak, learned counsel for the respondent.

2. The learned Labour Court by the Award dated 2 209.WP.605-2011 JUDGMENT.odt

30.06.2010 (page 16), has answered the reference in the

affirmative and quashed the termination of the respondent and

directed reinstatement with continuity of service and to pay

50% of backwages. Mr. Pathak, learned counsel for the

respondent, fairly concedes that since the petitioner/Firm is a

firm of Chartered Accountants, the provisions of Bombay Shops

and Establishments Act are not applicable and the award of the

learned Labour Court issues the direction, merely on a

presumption that the provisions of the Bombay Shops and

Establishments Act are applicable to the petitioner/Firm. The

award dated 30.06.2010, in para 6 proceeds on a premise that

the Bombay Shops and Establishments Act is applicable to the

petitioner/Firm, and therefore, holds that the petitioner/Firm is

a commercial activity, and therefore, being a commercial

establishment, the action of termination of the respondent

without complying the provisions of Section 25-F and 25-G of

the Industrial Disputes Act was per se illegal. Since it is

admitted, that the provisions of the Bombay Shops and

Establishments Act are not applicable to the petitioner/Firm,

which is a Firm of Chartered Accountants, the impugned

judgment which is based upon this premise, cannot be sustained 3 209.WP.605-2011 JUDGMENT.odt

as the provisions of the Industrial Disputes Act therefore would

not be attracted, considering which, the award dated

30.06.2010, passed by the learned First Labour Court, Nagpur is

hereby quashed and set aside and the complaint filed by the

respondent is dismissed and the reference is answered in the

above terms.

3. The Petition is allowed in the above terms. Rule

accordingly. No costs.

4. Pending application/s, if any, shall stand disposed of

accordingly.

( AVINASH G. GHAROTE, J.)

S.D.Bhimte

Signed By:SHRIKANT DAMODHAR BHIMTE

Signing Date:07.01.2023 10:27