The High Court of Judicature at Bombay, Nagpur Bench, dismissed a writ petition challenging an Industrial Court order that remanded a matter for the respondent to file a written statement and allow cross-examination.
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WP640-13
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FARAD CONTINUATION SHEET No . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR
WRIT PETITION NO. 640/2013
(UMESH ISHWARDAS KAMBLE VERSUS SEVA AUTOMOTIVE PVT. LTD., NAGPUR & ANR)
Shri C.F. Bhagwani, counsel for the petitioner.
CORAM : SMT. VASANTI A. NAIK, J. DATE : FEBRUARY 7, 2013.
By this petition, the petitioner impugns the judgment passed by the Industrial Court, Nagpur on 19.10.2012 partly allowing a revision filed by the respondent no.1 and remanding the matter to the Labour Court with a direction to grant an opportunity to the respondent no.1 to file the written statement, to cross-examine the complainant-petitioner and to lead further evidence, if any. The petitioner was also granted permission to lead further evidence, by the said order.
On hearing the learned counsel for the petitioner, it appears that the Industrial Court was justified in partly allowing the revision filed by the respondent no.1. The Industrial Court rightly held, on a consideration of the nature of the complaint and the reliefs claimed therein, that it was necessary to grant an opportunity to the respondent no.1 to put forth his defence. The Industrial Court was in the best position to decide whether the written statement of the respondent no.1 was necessary in the case and whether an opportunity was required to be granted to the respondent no.1 for the purpose of defending the complaint. The impugned judgment is just and proper and there is no reason to interfere with the same in exercise of the writ jurisdiction.
WP640-13
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The writ petition is dismissed with no order as to costs.
JUDGE
APTE
Umesh Ishwardas Kamble
Seva Automotive Pvt. Ltd.
Vasanti A. Naik
As recorded by the court registry
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