Quashed

Maharashtra Pollution Control Board and Another v. Mahesh Govindrao Paralkar

Bombay HC15 Jan 2014WP/7510/2013

Case brief

AI extract

What is this about?

HighCourt quashsed impugned order on'failure to address critical issue of whether petitioner is an industry. Case remitted to Industrial Court to frame issues and decide afresh after hearing evidence.

What did the court decide?

Impugned order quashed; matter remitted to Industrial Courtto frame issues on petitioner's status; complaint decided afresh.

Maharashtra Pollution Control Board and Another Vs… — Writ and Judicial Review | Bombay HC (2014)

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UNREPORTED

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IN THE HIGH COURT OF JUDICATURE AT

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BOMBAY

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BENCH AT AURANGABAD.

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WRIT PETITION NO.7510 OF 2013.

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1. Maharashtra Pollution Control
Board, Kalpataru Point, 2nd
and 3rd floor, Matunga, Scion
Road No.8, Scion (E), Mumbai-22,
through Senior Administrative
Officer.

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2. Sub-Regional Officer,
Maharashtra Pollution Control
Board, Lahoti Complex, 2nd floor,
Vazirabad, Nanded.

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... Petitioners.

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Versus

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Mahesh Govindrao Paralkar,
Age 26 years, Occ.Service,
R/o Dikshal, Taluka Kalam,
Dist.Osmanabad. ... Respondent.

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Mr.P.P.More, advocate for the Petitioners.
Mr.V.P.Latange, advocate for the Respondent No.1

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CORAM : S.V.GANGAPURWALA,J.

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 Date : 15.01.2014.

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ORAL JUDGMENT :

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1.Heard.

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2.Rule. Rule returnable forthwith. With
the consent of the parties, petition is taken up
for final hearing.

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3.Mr.More, learned counsel submits that
the Petitioner has specifically raised a dispute
of the Petitioner being an Industry in the
Written Statement, so also in the deposition,
however, not a single line is stated in the
judgment. Mr.Latange, learned counsel submits
that the issues were framed by the Court. It was
duty of the Respondent to bring it to the notice
of the Court about the issue involved. Even
otherwise, in a case of "Bangalore Water Supply
and Sewerage Board Vs. A. Rajappa and others"
reported in (1978) 2 Supreme Court Cases 213, the
Apex Court has held that such Boards would fall
within the definition of Industry.

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4.It appears that the Petitioner in the
Written Statement has specifically raised the

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issue of the Petitioner not being an Industry.
However, the Industrial Court has not dilated on
the same nor has given any finding about the
status of the petitioner as an Industry. So also
who would be the appropriate Government.

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5.The said issue would go to the root of
the matter.

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6.In light of the above, I pass the
following order :

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(a)The impugned order is quashed and set
aside. The parties are relegated before the
Industrial Court. The Industrial Court shall
frame the issue about whether the present
Petitioner is an Industry and about the
applicability of the Industrial Disputes Act. The
Court shall after affording the parties
opportunity to lead evidence on the said issue,
decide the complaint (ULP) No.27/2012 afresh.

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(b)It is made clear that I have not
considered the other arguments raised by the

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learned counsel for respective parties as the
matter is remitted back on the aforesaid issue.

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(c)The parties shall appear before the

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Industrial Court on 3.2.2014.

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(d)R & P be sent back immediately.

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(e)The Industrial Court shall decide the

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said complaint expeditiously and preferably
within six (6) months from the date of
appearance.

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 (S.V.GANGAPURWALA,J.)

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asp/office/wp7510.13

Maharashtra Pollution Control Board and Another v. Mahesh Govindrao Paralkar

Case brief

What is this about?

What did the court decide?

Maharashtra Pollution Control Board and Another v. Mahesh Govindrao Paralkar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

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