The State of Maha. Government Polytechnic College, Thr. Its Principal, Gondia and Others vs Vijendra Kanhaiyalal Warkade — Bombay HC (2025) — LawSathi Research

The State of Maha. Government Polytechnic College, Thr. Its Principal, Gondia and Others vs Vijendra Kanhaiyalal Warkade — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Both writ petitions partly allowed. The orders passed by the learned Labour Court dated 29.11.2021 and the learned Industrial Court dated 09.01.2024 quashed and set aside. The complaints (ULP No.11/2019 and ULP No.12/2019) restored to the learned Labour Court, to be decided afresh within a period of one year, with an opportunity of hearing to all parties concerned; no order as to costs.

Issue for consideration

Whether the respondents had worked for more than 240 days in a calendar year with the petitioners, as claimed in complaint ULP No.11/2019 and complaint ULP No.12/2019. +1 more

Court's answer

On going through the Industrial Court's revisional orders the Court found no document on record showing that the respondents had worked with the petitioners for more than 240 days; the question whether the respondents completed 240 days of service in one calendar year was accordingly left to be decided afresh by the Labour Court on remand.

Ratio / Principle

Though there was no document on record indicating that the respondents worked with the petitioners for more than 240 days, and the learned Industrial Court had not recorded reasons on whether the respondents completed 240 days of service in one calendar year, both the orders dated 09.01.2024 (Industrial Court) and dated 29.11.2021 (Labour Court) are liable to be set aside and the matters remanded to the Labour Court to be decided afresh.

Key takeaways

In the proceeding before the learned Labour Court the petitioners, despite being directed, did not place the relevant musters/record on record; therefore, in the interest of justice and with a view to grant an opportunity to both the parties, the matters were remanded to the Labour Court for fresh decision.ratio¶18

Detailed headnote1 paragraphs

Bombay High Court, Nagpur Bench (Siddheshwar S. Thombre, J.), Writ Petition Nos. 2172 and 2173 of 2024, State of Maharashtra and Others v. Jagdish S/o. Sudam Meshram and State of Maharashtra and Others v. Vijendra Kanhaiyalal Warkade, decided 15th October, 2025. The State challenged the Industrial Court's orders dated 09.01.2024 in Revision ULP No.3/2022 and Revision ULP No.4/2022, by which the respondents' revisions were allowed against the Labour Court's dismissal (order dated 29.11.2021) of their ULP Complaints Nos. 11/2019 and 12/2019 claiming more than 240 days' work in a calendar year. Held: no document on record established that the respondents worked with the petitioners for more than 240 days, and the Industrial Court had recorded no reasons thereon; further, the petitioners did not produce the relevant musters/records before the Labour Court despite a direction. Both the Labour Court order dated 29.11.2021 and the Industrial Court orders dated 09.01.2024 were quashed and set aside; the complaints were restored and remanded to the Labour Court for fresh decision within one year, with opportunity of hearing to all parties; no order as to costs.

2025:BHC-NAG:11128

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

WRIT PETITION NO.2172 OF 2024

State of Maharashtra and Others Vs. Jagdish S/o. Sudam Meshram WITH

WRIT PETITION NO.2173 OF 2024

State of Maharashtra and Others Vs. Vijendra Kanhaiyalal Warkade

Office Notes, Office Memoranda Court's or Judge's orders of Coram, Appearances, Court's orders or directions and Registrar's orders

Mr. A.G. Mate, AGP for the Petitioners in both these petitions. Mr. A.K. Kukday, Advocate for the Respondent Sole in both these petitions.

CORAM: SIDDHESHWAR S. THOMBRE, J . DATED : 15th OCTOBER, 2025

Heard Mr. A.G. Mate, learned AGP for the petitioner and Mr. A.K. Kukday, learned counsel for the respondent.

In both these petitions, the petitioners are challenging the orders passed by the learned Industrial Court in Revision ULP No.3/2022 and Revision ULP No.4/2022 both dated 09.01.2024 whereby, the revisions filed by the respondent came to be allowed.

After going through the record, it reveals that the respondents herein had filed a complaints before the learned Labour Court. As per complaint ULP No.11/2019 and complaint ULP No.12/2019, complainant contended that they have worked more than 240 days in a calendar year. They failed to prove this contention by placing on

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record relevant documents and therefore, the complaints were dismissed by the learned Labour Court.

Being aggrieved by the same, the present respondents filed revisions before the Industrial Court which were allowed.

After going through the order passed by the learned Industrial Court in revisions, it reveals that though there is no document on record, indicating that respondents have worked with petitioners for more than 240 days. Their contention was that the learned Industrial Court had not recorded any reasons about whether the respondents herein have completed 240 days of service in one calendar year or not. Therefore, in my opinion, both the orders dated 09.01.2024 passed by the learned Industrial Court and the orders dated 29.11.2021 passed by learned Labour Court, are liable to be set-aside and the matters are remanded back to the Labour Court to be decided a fresh.

In view of the fact that, in the proceeding before the learned Labour Court, it was directed to the petitioners to place on record the relevant musters/record but the same were not placed. Therefore, in the interest of justice and with a view to grant an opportunity to both the parties.

Accordingly, both these petitions are partly allowed . The orders passed by the learned Labour Court and Learned Industrial Court dated 29.11.2021 and 09.01.2024 respectively are hereby quashed and setaside. Learned Labour Court to decide the proceedings within a period of one year from today. The complaints

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filed before the Learned Labour Court are hereby restored. Needless to mention that the learned Labour Court to give an opportunity of hearing to all the parties concerned. No order as to costs.

(SIDDHESHWAR S. THOMBRE J.)

𝒫𝓇𝒾𝓋𝑒𝓁