Municipal Council, Hinganghat, ... vs Sanjay S/O Padumanath Tiwari
2023 Latest Caselaw 10877 Bom

                                                            1                             6-wp-7094-2023.odt


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

                                   WRIT PETITION NO. 7094/2023

                                    Municipal Council, Hinganghat
                                                 Vs.
                                    Sanjay s/o Padumanath Tiwari

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

                                   Mr. M.I. Dhatrak, Advocate for petitioner


                                   CORAM:         AVINASH G. GHAROTE, J.

DATED : 19th OCTOBER, 2023

The learned Industrial Court by the impugned judgment dated 13/07/ 2023 has allowed the complaint by revoking the suspension of the complainant vide order dated 22/10/2012, which it is contended to be contrary to the position as indicated in an appeal under Section 308(1) of the Maharashtra Municipal Council and Nagar Panchayats and Industrial Townships Act, 1965, wherein challenge to the order of suspension before the Collector was turned down (page 39). The complaint under Section 28 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 has been filed as an alternate remedy, which it is contended would not be maintainable as that would amount to the learned Labour Court, sitting in appeal against the order of 2 6-wp-7094-2023.odt

the Collector passed under Section 308(1) of the Act of 1965. It is, therefore, contended that the learned Industrial Court has no jurisdiction to entertain the complaint. It is also contended that since the order of suspension was dt. 22/10/2012 the filing of the complaint in 2016 and the passing of impugned judgment in 2023 (page 52) is also unwarranted.

2. Issue notice for final disposal, returnable in three weeks.

3. By an ad-interim order, the effect and operation of the impugned judgment dated 13/7/2023 shall stand stayed till the returnable date.

(AVINASH G. GHAROTE, J.) MP Deshpande

Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 19/10/2023 16:53:48