The Bombay High Court disposed of a writ petition challenging a Labour Court order rejecting evidence. It held the Labour Officer inadequate consideration of case facts and remitted the matter for fresh decision based on cited precedent.
Impugned order via application Exh.U-5 is quashed and remitted to Labour Court for fresh decision within two months.
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.
26-WP-8559-23.DOC
Sayali Upasani
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 8559 OF 2023
Jabbar Nashir Shaikh ...Petitioner
Vs.
JCB India Ltd ...Respondent
Mr. Nitin Kulkarni a/w Mr. A. Betge, for Petitioner.
Ms. Anubha Rastogi a/w Ms. Rachita Padwal, for Respondent.
CORAM:- N. J. JAMADAR, J.
DATED:- 11th JULY, 2023
PC:-
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26-WP-8559-23.DOC
has correctly noted the ratio of the judgment of this Court in the case of State Transport Co-operative Credit Society Ltd., Pune Division, S.T. Swargate Depot, Vs. Rajendra Sudhakar Mahalpure, B-6/12, Sarita Vihar Apartment1. However, the applicability of the said ratio to the facts of the case has not been adequately considered. The learned Presiding Officer simply observed that, in his view, the instant case was not an exceptional case.
passed on the application (Exh.U-5) stands quashed and set aside.
b) The application (U-5) is restored to the file of learned Presiding Officer, Labour Court-1, Pune.
c) The learned Presiding Officer is requested to decide the application afresh in the light of the decision of this
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Court in the case of State Transport Co-operative Credit Society Ltd., (supra), and the facts of the case.
d) The application be decided as expeditiously as possible and, preferably, within a period of two months from the date of communication of this order.
[N. J. JAMADAR, J.]
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2 issues framed by the court
Whether the Labour Court Presiding Officer properly rejected the petitioner's request to lead evidence on a preliminary point of enquiry.
Whether the challenges regarding the necessity of permitting evidence necessitate remittal of the matter for fresh consideration.
Colour shows how this judgement treated each authority
State Transport Co-operative Credit Society Ltd., Pune Division, S.T. Swargate Depot, Vs. Rajendra Sudhakar MahalpureExplained¶1
State Transport Co-operative Credit Society Ltd., Pune Division, S.T. Swargate Depot, Vs. Rajendra Sudhakar Mahalpure, 2018 SCC Online Bom 6027
1 provisions across 1 enactments
Jabbar Nashir Shaikh
JCB India Ltd
N. J. Jamadar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
