Allowed

Mr. Baban Sheshrao Gavali v. Paranjape Metal Shapers Pvt. Ltd.

Bombay HC7 Nov 2023IA/13743/2023

Case brief

AI extract

What is this about?

The High Court allowed an interim application seeking restoration of Writ Petition No.1561 of 2011, previously dismissed for non-prosecution, to be heard alongside a companion petition filed by the employer.

What did the court decide?

Interim Application No.13743 of 2023 is allowed and Writ Petition No.1561 of 2011 is restored to the file and record of the Court.

Mr. Baban Sheshrao Gavali Vs Paranjape Metal Shapers… — Service and Employment | Bombay HC (2023)

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10.ia.13743.23.doc

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Ajay

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO. 13743 OF 2023 IN WRIT PETITION NO. 1561 OF 2011

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Baban Sheshrao Gavali Applicant (Orig. .. Petitioner)

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Versus

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Paranjape Metal Shapers Lvt. Ltd. .. Respondent

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Mr. Manoj B. Bagal, Advocate for Applicant / Orig. Petitioner.

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CORAM : MILIND N. JADHAV, J. DATE : NOVEMBER 07, 2023.

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P.C.:

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1. Heard Mr. Bagal, learned Advocate for Applicant / Orig. Petitioner.

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2. Interim Application No.13743 of 2023 has been filed by the Applicant for seeking restoration of dismissed Civil Writ Petition No.1561 of 2011. By order dated 13.04.2023, the Writ Petition was dismissed for non-prosecution.

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3. It is seen that Writ Petition No.1561 of 2011 is filed by the Petitioner – workman challenging the impugned award which grants reinstatement alognwith 50% backwages and continuity of service. Companion Writ Petition being Writ Petition No.8123 of 2010 has been filed by the employer to challenge the said award which is also pending in this Court.

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10.ia.13743.23.doc

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4. On 28.02.2011, both Writ Petitions were heard together and certain directions were passed. Mr. Bagal would submit that the directions contained in the order dated 28.02.2011 have not been complied with till date.

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5. Be that as it may, for the reasons stated in the Interim Application, Writ Petition No.1561 of 2011 needs to be restored back to file and record of the Court so that it can be heard alongwith Writ Petition No.8123 of 2010 filed by the employer – company.

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6. In view of the above, Interim Application No.13743 of 2023 stands allowed in terms of prayer clauses ‘A’ and ‘B’. Writ Petition No.1561 of 2011 stands restored to the file and record of the Court.

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7. With the above direction, Interim Application No.13743 of 2023 is disposed.

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8. Place the Writ Petition on Board on 02^nd January, 2024 .

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9. On the next adjourned date, Civil Application filed by the workman seeking withdrawal of 50% amount deposited in this Court shall be taken up for hearing. Copy of this order shall shall be served on the employer – company by the learned Advocate for Applicant / Petitioner.

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[ MILIND N. JADHAV, J. ]

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Ajay

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Digitally signed AJAYTRAMBAK by AJAYTRAMBAKUGALMUGALE UGALMUGALE Date: 2023.11.07 15:31:30 +0530

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Mr. Baban Sheshrao Gavali v. Paranjape Metal Shapers Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Mr. Baban Sheshrao Gavali v. Paranjape Metal Shapers Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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