Palghar Taluka Industrial ... vs Sadanand Dadu Bhoir
2023 Latest Caselaw 3239 Bom

Citation : 2023 Latest Caselaw 3239 Bom
Judgement Date : 30 March, 2023

Bombay High Court

Palghar Taluka Industrial ... vs Sadanand Dadu Bhoir on 30 March, 2023

Bench: N. J. Jamadar

SWAROOP Digitally
        SWAROOP
                  signed by

SHARAD  SHARAD PHADKE
        Date: 2023.03.31
PHADKE  10:46:42 +0530
                                                                                 12 WP 3768 OF 2023.doc

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             CIVIL APPELLATE JURISDICTION
                             WRIT PETITION NO.3768 OF 2023

Palghar Taluka Industrial Federation and Ors.                     ...           Petitioners
      versus
Sadanand Dadu Bhoir                                               ...         Respondent

Mr. Avinash K. Jalisatgi with Mr. Narendra Dube i/by Mr. T.R.Yadav, for Petitioners.

                               CORAM:        N.J.JAMADAR, J.

                               DATE :        30 MARCH 2023

P.C.

1. Heard the learned Counsel for the Petitioners.

2. Perused the impugned order.

3. The challenge in this Petition is to an order of reinstatement in service

passed by the Labour Court at Thane in Complaint (ULP) No.37 of 2014 which was

confirmed by the Industrial Court in Revision Application (ULP) No.39 of 2021 by a

judgment and order dated 29 August 2022.

4. The genesis of the termination was in a complaint of alleged sexual

harassment at work place of a female co-employee. The said co-employee was

examined as a witness before the Labour Court. The Courts below have proceeded

on the premise that no complaint of specific sexual harassment was made.

5. Issue raised in the Petition requires consideration.

6. Issue notice to the Respondent, returnable on 27 April 2023.

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                                                                        12 WP 3768 OF 2023.doc

7. In addition to notice through Court, the Petitioners are at liberty to serve

the Respondent by private service and file an Affidavit of Service.

8. In the meanwhile, there shall be ad-interim stay to the proceedings in

Misc. Complaint (ULP) No.46 of 2023 instituted by the Respondent before the

Labour Court, Thane.




                                                                    ( N.J.JAMADAR, J. )




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