The High Court of Judicature at Bombay dismissed a writ petition filed by an employee apprehending termination without following due procedure as directed by an Industrial Court order. The court held the petition was premature, noting no termination had occurred and the stay order remained extant.
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.
Digitally signed byMUGDHA MUGDHA MANOJ MANOJ PARANJAPE PARANJAPE Date: 2023.11.13 14:08:54 +0530
1 3-WP 14297-23.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.14297 OF 2023
Ganesh Sambhaji Kamble … Petitioner
Vs.
Minority Development Department
& Ors. … Respondents
Mr. Zishan Quazi for the Petitioner.
Mr. B. V. Samant, Addl. GP a/w Mr. P. P. Pujari, AGP for Respondent Nos.1 and 3-State.
CORAM : A.S. DOCTOR, J. DATE : 13TH NOVEMBER 2023 [VACATION COURT]
P.C. :
which came to be dismissed by the impugned order inter alia holding as follows:-
Mugdha
1 of 3
2 3-WP 14297-23.odt
Mugdha
2 of 3
3 3-WP 14297-23.odt
with the direction not to terminate the services of the Complainant without following the due procedure of law as set out in the impugned order, also Writ Petition cannot be maintained on the basis of such an apprehension. Hence, the present Writ Petition deserves to be dismissed on this ground alone.
Mugdha
3 of 3
3 issues framed by the court
Whether a writ petition can be maintained purely on an apprehension that an employer will terminate services without following due procedure as directed by a lower court order.
Whether a writ petition seeking relief before the final termination of services is maintainable.
Whether a writ petition is premature when the stay order of the lower court remains extant.
Ganesh Sambhaji Kamble
Minority Development Department
A.S. DOCTOR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
