The High Court of Bombay dismissed the writ petition. The court held that the issue of limitation in the underlying labour matter was not open and shut and was remanded to the Labour Court as a mixed question of law and fact.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (LDG.) NO.344 OF 2009
M/s.Satishkumar & Co. & Anr. ....Petitioners
V/s.
State of Maharashtra & Ors. ....Respondents
Mr.Ashish Kamat i/b Mr.S.S. Gawde for the Petitioners.
Mr.Milind More, A.G.P. for Respondent No.1.
Ms.Neeta Karnik for Respondent No.2.
CORAM : S.J. VAZIFDAR, J.
DATED : 18TH MARCH, 2009.
P.C. :
1. The impugned order warrants no interference
at this stage. On the question of limitation, the
matter has been remanded to the Labour Court. The
question of limitation was raised as a preliminary
issue. Both the parties have been given liberty to
reagitate the issue along with other issues.
The impugned order clarifies that the issue
of limitation is a mixed question of law and fact. In
the circumstances, it is obvious that the Labour Court
will decide the issue of limitation afresh and will
not be bound by the findings in the impugned order.
2. In the facts and circumstances of this case,
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interference with the impugned order is not warranted.
The issue of limitation cannot be said to be open and
shut. I am not on the merits of the second
Respondents’ contention regarding the incident of
16.9.2000. I will assume that on merits there is much
to be said in favour of the Petitioners regarding the
same. However, whether the same furnishing a fresh
cause of action or not is to be decided. I hasten to
add the Petitioners’ contentions to the contrary is
also kept open.
3. Further it is made clear that it is always
open to the Petitioners to challenge any findings in
the impugned order from the final order, if necessary.
4. In the circumstances, the Writ Petition is
dismissed.
1 issue framed by the court
Whether interference with the impugned order is warranted at the stage of the writ petition.
M/s.Satishkumar & Co. & Anr.
State of Maharashtra & Ors.
S.J. Vazifdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court