Petitioner challenges Industrial Court remand order citing failure by Labour Court to hear employee counsel. High Court finds facts established, avoids precedent analysis, dismisses petition but keeps contentions open for Labour Court in fresh proceedings.
Petition dismissed; contentions kept open for Labour Court consideration.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD.
WRIT PETITION NO. 496 OF 2011
Larsen & Toubro Limited, A-9 & A-10, M.I.D.C., Ahmednagar (Through General Manager). .. Petitioner.
versus Shrirang Laxman Lande, R/o. Block No.1, Civil Hudco, Ahmednagar. .. Respondent.
Mr. D.J. Bhanage, Advocate, for the petitioner.
CORAM : B.P. DHARMADHIKARI, J.
DATE : 24TH JANUARY 2011
COURT'S ORDER :
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to Counsel for the respondent / employee and when those opportunities were not utilized, the Labour Court proceeded further. The discretion exercised by the Labour Court cannot be said to be erroneous or perverse and the Industrial Court ought not have interfered in the matter under Section 44 of the Act of 1971. According to him, the Labour Court had after appreciation of entire material produced before it, i.e. record of departmental inquiry, has arrived at the conclusion. He further states that serious prejudice is caused to the petitioner because of undue interference.
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judgments on which learned Counsel for the petitioner has placed reliance. The petition is, therefore, not entertained.
( B.P. DHARMADHIKARI ) JUDGE
bgp/wp496
1 issue framed by the court
Whether the Industrial Court erred in remanding the matter to Labour Court for failure to hear the employee's counsel under Section 44 of the Act of 1971.
Colour shows how this judgement treated each authority
Maharashtra State Road Transport Corporation Vs. Nanuram Mohanlal VermaReferred¶13
Maharashtra State Road Transport Corporation Vs. Nanuram Mohanlal Verma and another (2002 (1) L.L.N. 913)
Cooper Engineering Ltd. Vs. B.P. MundheReferred¶13
Cooper Engineering Ltd. Vs. B.P. Mundhe (1975(2) L.L.N. 321)
Larsen & Toubro Limited
Shrirang Laxman Lande
B.P. DHARMADHIKARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
