Bombay High Court
Anand Gas Services And Domestic ... vs Raju Yashvant Wasnik on 11 June, 2025
2025:BHC-NAG:5392
WP 8584 of 2022 - Judgment.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.8584/2022
PETITIONER: Anand Gas Services & Domestic
(Ori. Applicant) Appliances, Through its Proprietor
Plot No.269, Central Avenue Wardhaman
Nagar, Nagpur.
...VERSUS...
RESPONDENT : Raju Yashvant Wasnik
(Ori. Non- R/o Siddharth Nagar,
applicant) Teka Naka, Nagpur.
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Mr. S.S. Ghate, Advocate for petitioner
Mr. S.E. Raghorthe, Advocate for respondent
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CORAM : MRS. VRUSHALI V. JOSHI, J.
DATE : 11/06/2025
ORAL JUDGMENT
1. Heard.
2. Rule. Rule made returnable forthwith. Heard finally with
the consent of the learned Counsel for the parties.
3. Though this is the second round of litigation for the
employee, the non-compliance of the order dated 07/10/2015 of the
Co-ordinate Bench of the Court constrains this Court from passing the
order of remand. The facts giving rise to the present petition are as
under:-
WP 8584 of 2022 - Judgment.odt
i) According to respondent, he was working with the
petitioner establishment for several years. According to the
respondent, his services came to be terminated in the year 1997.
ii) Per contra, it is the case of the employer that they
abounded their service. In the earlier round of litigation, Labour
Court allowed all the complaints and directed the reinstatement of the
employees. The employer challenged the award through Writ Petition
No.1826/2009 and connected matters. This Court, by order dated
07/10/2015, in para no. 2, passed the following order:-
"2] After going through the award passed by the labour
Court in all these matters, it is found that there is absolutely
no discussion on the aspect of continuous service of 240 days
preceding the date of alleged retrenchment recorded by the
Reference Court. On the question of abandonment of service
also, no findings are recorded. The evidence produced on
record has not been considered. In the absence of findings on
the relevant aspects of the matter, the learned counsels
appearing for the parties submit that the matter need to be
remanded back to the Reference Court by setting aside the
award dated 17.07.2008."
4. This Court has directed the Labour Court to decide the
aspect of:-
i) continuous service of 240 days preceding the alleged date of
reinstatement.
ii) the question of abandonment of service.
WP 8584 of 2022 - Judgment.odt
5. In spite of the specific directions of this Court, the Labour
Court, by order dated 02/04/2019, has concurrently allowed the
complaint directing reinstatement of respondent along with full back-
wages. There is absolutely no discussion in the judgment as to the
questions directed to be decided by this Court. Therefore, though this
is the second round of litigation, to uphold the sanctity of the order of
the Superior Court, proceedings must be remanded to Labour Court,
Nagpur, for decision afresh.
6. I, therefore, pass the following order:-
i) The impugned judgment and award in Reference IDA
No.58/1998 is quashed and set aside.
ii) The Labour Court, Nagpur, shall decide the application
afresh.
iii) The parties have already led their oral evidence;
therefore, no party shall be allowed to submit either oral or
documentary evidence supporting their case.
iv) The parties shall appear before the Labour Court, Nagpur,
on 23/06/2025.
v) The Labour Court, Nagpur, shall hear both parties based
on evidence already placed on record and decide the complaint within
three months from today.
WP 8584 of 2022 - Judgment.odt
vi) The Writ Petition is disposed of accordingly. Rule is made
absolute in the above terms. No order as to costs.
vii) Pending application, if any, stands disposed of.
(MRS. VRUSHALI V. JOSHI, J.)
Wadkar
Signed by: S.S. Wadkar (SSW)
Designation: PS To Honourable Judge
Date: 12/06/2025 15:41:10
