Partly allowed¶19

Madhukar S/O Vithobaji Motghare v. the Chairman-Cum-Managing Director, Western Coal Fields Ltd. Nagpur and Others

Bombay HC7 Nov 2025WP/374/2019

Case brief

AI extract

What is this about?

Western Coal Fields Ltd.; Madhukar s/o Vithobjai Motghare; W.P. Nos. 374/2019 and 6856/2019; Central Government Industrial Cum Labour Tribunal (CGIT) Nagpur; departmental enquiry; breach of principles of natural justice; de-novo enquiry; lumpsum compensation Rs.70,000/-; dismissal from service 2007; status-quo; Siddheshwar S. Thombre, J.; 2025:BHC-NAG:11721.

What did the court decide?

Impugned C.G.I.T. orders set aside; de-novo enquiry directed to be concluded within six months; status-quo as on the date of the order maintained until its conclusion; no relief to the workman at this stage; both writ petitions disposed of in these terms. ¶19

Madhukar S/O Vithobaji Motghare Vs the Chairman-Cum-Managing Director, Western Coal Fields Ltd. Nagpur and Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶19

Issue for consideration

Whether the C.G.I.T. order dated 19/03/2018 — which found the principles of natural justice were not followed in the departmental enquiry and awarded the workman lumpsum compensation of Rs.70,000/- — calls for interference in these cross-writ petitions. +1 more

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Court's answer

The impugned orders in both writ petitions are set aside only on the ground of lack of procedure while conducting the enquiry; the Court has not gone into the submissions of either party and all issues are kept open.

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Ratio / Principle

Where the learned C.G.I.T. has recorded that the Enquiry Officer has not conducted the departmental enquiry by following due procedure of law, the proper recourse is to direct a de-novo enquiry (rather than award compensation).

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Key takeaways

A de-novo enquiry is directed to be conducted and concluded within six months from the date of the order.ratio¶21
Since the petitioner in Writ Petition No.374/2019 was already dismissed from services in 2007, the mere ordering of a de-novo enquiry does not entitle him to any relief at this stage; status-quo as on today will be maintained till the conclusion of the de-novo enquiry.ratio¶21

Detailed headnote1 paragraphs

Cross-writ petitions by a workman and his employer (Western Coal Fields Ltd.) assailing the order dated 19/03/2018 of the Presiding Officer, C.G.I.T., Nagpur, whereby the departmental enquiry was found wanting in adherence to the principles of natural justice and the workman was awarded lumpsum compensation of Rs.70,000/-. Held: once the Enquiry Officer has not conducted the enquiry by following due procedure of law, the proper recourse is to direct a de-novo enquiry, not to award compensation; the impugned orders are set aside solely on that limited ground, the Court expressly not entering into the submissions of either party and keeping all issues open. De-novo enquiry to be completed within six months; as the workman stood dismissed since 2007, he gets no relief at this stage and status-quo as on the date of the order continues till the enquiry concludes.

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1 38-wp 374.2019 + 1.odt

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2025:BHC-NAG:11721

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

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WRIT PETITION NO. 374 OF 2019

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( Madhukar s/o Vithobjai Motghare vs. The Chairman-cum-Managing Director, Western Coal Fields Ltd. Nagpur and others )

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WITH

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WRIT PETITION NO. 6856 OF 2019

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( The Chairman-cum-Managing Director, Western Coal Fields Ltd. Nagpur and others vs. Madhukar s/o Vithobjai Motghare )

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Office Notes, Office Memorandum of Coram,

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appearances, Court's orders or the directions, Court's or Judge's order and Registrar's orders.

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Mr. Sunil Shukla Advocate for petitioner in WP No.374/2019 and for respondent in WP No.6856/2019.

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Ms. Ujjwala Patil, Advocate for respondent in WP No.374/2019 and for petitioner in WP No.6856/2019.

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CORAM : SIDDHESHWAR S. THOMBRE, J. NOVEMBER 07, 2025

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1. Heard learned counsel for the respective parties.

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In both these petitions the order dated 19/03/2018 passed by the learned Presiding Officer, Central Government Industrial Cum Labour Tribunal, Nagpur (C.G.I.T.) is assailed. Without going into the detailed facts of the matter, it was pointed that learned C.G.I.T. has observed that the principles of natural justice were not followed while conducting the departmental enquiry. In fact, in the operative part of the order itself, it was observed that due to lack of procedure in departmental enquiry, the workman is entitled for lumpsum compensation of Rs.70,000/-.

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1. I have gone through the order passed by the learned C.G.I.T. Once the learned C.G.I.T. has recorded findings that the Enquiry Officer has not conducted the enquiry by following due

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KOLHE

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2 38-wp 374.2019 + 1.odt

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procedure of law, the proper recourse would be to direct the denovo enquiry. Therefore, I am inclined to allow the writ petitions partly by setting aside the order passed by the learned C.G.I.T., Nagpur.

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1. It is made clear that I have not gone through any of the submissions of the either parties and all the issues are kept open. The impugned orders in both these petitions are being set aside only on the ground of lack of procedure while conducting the enquiry.

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1. Let the de-novo enquiry be conducted and it be concluded within a period of six months from today. As the petitioner in Writ Petition No.374/2019 was already dismissed from services in the year 2007, only because a de-novo enquiry is ordered by this Court, he is not entitled to get any relief at this stage and the status-quo as on today will be maintained till the conclusion of de-novo enquiry.

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1. In view thereof, both these petitions are disposed of in the above terms.

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(SIDDHESHWAR S. THOMBRE, J.)

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KOLHE

Madhukar S/O Vithobaji Motghare v. the Chairman-Cum-Managing Director, Western Coal Fields Ltd. Nagpur and Others

Case brief

What is this about?

What did the court decide?

Madhukar S/O Vithobaji Motghare v. the Chairman-Cum-Managing Director, Western Coal Fields Ltd. Nagpur and Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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