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Bombay High Court
Saryu Propeerties And Hotel Pvt Ltd vs Shri Mahendra Suresh Boble on 12 March, 2026
2026:BHC-OS:6509
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.2440 OF 2025
Saryu Properties and Hotel Pvt. Ltd. ....Petitioner
V/S
Vimal Prakash ....Respondent
WITH
WRIT PETITION NO.2651 OF 2025
Saryu Properties and Hotel Pvt. Ltd. ....Petitioner
V/S
Vijay Singh Bist ....Respondent
WITH
WRIT PETITION NO.2664 OF 2025
Saryu Properties and Hotel Pvt. Ltd. ....Petitioner
V/S
Mallesh Poshanna Parlapelly ....Respondent
WITH
WRIT PETITION NO.2655 OF 2025
Saryu Properties and Hotel Pvt. Ltd. ....Petitioner
V/S
Krishna Nandan Singh ....Respondent
WITH
WRIT PETITION NO.2660 OF 2025
Saryu Properties and Hotel Pvt. Ltd. ....Petitioner
V/S
Ajit Anant Jadhav ....Respondent
WITH
WRIT PETITION NO.2492 OF 2025
Saryu Properties and Hotel Pvt. Ltd. ....Petitioner
V/S
Suhil Rajaram More ....Respondent
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WITH
WRIT PETITION NO.2701 OF 2025
Saryu Properties and Hotel Pvt. Ltd. ....Petitioner
V/S
Shivpoojan Bans ....Respondent
WITH
WRIT PETITION NO.2704 OF 2025
Saryu Properties and Hotel Pvt. Ltd. ....Petitioner
V/S
Joseph Andrew Fernandes ....Respondent
WITH
WRIT PETITION NO.2661 OF 2025
Saryu Properties and Hotel Pvt. Ltd. ....Petitioner
V/S
Mahendra Suresh Boble ....Respondent
WITH
WRIT PETITION NO.2663 OF 2025
Saryu Properties and Hotel Pvt. Ltd. ....Petitioner
V/S
Ganesh Eknath Kamble ....Respondent
WITH
WRIT PETITION NO.2662 OF 2025
Saryu Properties and Hotel Pvt. Ltd. ....Petitioner
V/S
Vijay Ramdas Suryawanshi ....Respondent
_________
Mr. Ashish Kamat, Senior Advocate with Mr. Lancy D'souza and
Ms. Deepika Agrawal and Mr. V.M. Parkar for the Petitioner.
Mr. S.N. Kadam, for Respondents.
__________
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CORAM : SANDEEP V. MARNE, J.
DATE : 12 MARCH 2026.
P.C.:
1. These Writ Petitions challenge orders dated 28 August 2024 and 2
September 2025 passed by the Labour Court, Mumbai, in pending
References. By the impugned orders, interim reliefs are granted in favour
of the Respondents. By order dated 28 August 2024, the Labour Court has
directed payment of monetary benefits in the form of 75% of last drawn
salary from the date of termination i.e. 31 December 2020 till disposal of
the References. The order is later modified on 2 September 2025 by
directing deposit of 75% amount of last drawn salary of the Respondents
from the date of termination till the date of disposal of the References.
2. I have heard Mr. Kamat, the learned Senior Advocate appearing for
the Petitioner and Mr. Kadam, the learned counsel appearing for the
Respondents.
3. After having considered the submissions canvassed by the learned
counsel appearing for parties, it is prima facie seen that the services of
the Respondents are terminated on 23 December 2020 without following
the process of law. It appears that Respondents were not issued even a
notice nor paid notice wages before terminating their services.
Respondents are also not paid retrenchment compensation in respect of
services put in by them. It appears that some of the Respondents have
put in long period of service with the Petitioner. To illustrate, the
Employee-Mahendra Suresh Boble claims to have put in 20 years of
service with the Petitioner. However, these employees were
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unceremoniously thrown out of service on 23 December 2020 without
giving any notice and without paying any retrenchment compensation.
4. The Labour Court has however directed payment of 75% wages to
the Respondents from the date of termination which order is later
modified to an order for deposit. In my view, considering the facts and
circumstances of the case, it would be appropriate that the Petitioner is
directed to deposit in the Labour Court the amount of notice pay and
retrenchment compensation in respect of each of the Respondents. In
my prima facie view, this might be the bare minimum of what the
Respondents are likely to receive in case they succeed in the pending
References.
5. I accordingly proceed to pass the following order:
i) Orders dated 28 August 2024 and 2 September 2025 passed
by the Labour Court are modified by directing that the Petitioner
shall deposit in the Labour Court the amount towards notice pay
and retrenchment compensation in respect of each of the
Respondents. The deposit shall be made within a period of six
weeks from today.
6. With the above directions, all the Writ Petitions are partly allowed
and disposed of.
7. Needless to observe that the findings recorded by the Labour
Court in the impugned orders and by this Court in the present order
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shall not influence the mind of the Labour Court while deciding the
References finally.
8. All rights and contentions of the parties are expressly kept open.
The Labour Court is requested to expedite the hearing of the References
and to make an endeavour to decide the same as expeditiously as
possible.
(SANDEEP V. MARNE, J.)
