Allowed¶18

Dhyaneshwar Balabhau Bahekar and Others v. Learned Industrial Tribunal, Akola and Others

Bombay HC9 Apr 2025WP/430/2024

Case brief

AI extract

What is this about?

Writ Petition No.430/2024, Bombay High Court Nagpur Bench (Thombre J., 08/10/2025): Industrial Court, Akola had no power to direct Commissioner of Labour, Nagpur to re-refer a retrenchment dispute to Labour Court, Buldhana once the Government reference stood forwarded to the Industrial Court; order in Reference I.D.A. No.02/2016 dated 31.3.2023 set aside and matter remanded for fresh decision after hearing all parties; respondents' plea of petitioner's consent for forwarding reference rejected; Industrial Disputes Act, 1947; no costs.

What did the court decide?

Impugned order dated 31.3.2023 set aside; matter remitted back to the learned Industrial Court to decide afresh after giving opportunity of hearing to all parties; no order as to costs. ¶18

Dhyaneshwar Balabhau Bahekar and Others vs Learned Industrial Tribunal, Akola and Others — Bombay HC (2025) — LawSathi Research

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2025:BHC-NAG:10609

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wp 430.24.odt 1/2

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

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Writ Petition No.430/2024

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Dnyaneshwar Balabhau Bahekar and others Vs. Learned Industrial Tribunal, Akola and others

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Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions

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Court's or Judge's orders.

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and Registrar's Orders.

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Mr. S.W.Sambre, Advocate for the petitioners. Mr. K.P. Mahalle, Advocate with Mr. V.G.Ingole, Advocate for respondent nos.2 and 3.

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CORAM : SIDDHESHWAR S. THOMBRE, J.

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DATE : 08/10/2025.

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By this petition, the petitioners are assailing the order passed by the learned Presiding Officer, Industrial Court, Akola in Reference I.D.A. No.02/2016, whereby the learned Industrial Court directed the office of the Commissioner of Labour, Nagpur to refer the dispute to the Labour Court, Buldhana.

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The learned counsel for the petitioners invited my attention to the provisions of the Industrial Disputes Act, 1947, whereby it is incorporated that once the reference was made by the Government, the same Court has to decide it. More particularly, once the reference was already forwarded, then for that issue, the Industrial Court does not have power to direct the office of the Commissioner of Labour to refer the dispute to the Labour Court.

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Per contra, the learned counsel for the respondent invited the attention of this Court, whereby it was averred that the petitioner himself has given consent for forwarding reference to the Labour Court and, therefore, now it is not proper on the part of the peititioners to argue that the Industrial Court does not

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wp 430.24.odt 2/2

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have power.

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I have gone through the contents of the petition as well as the provisions of Industrial Disputes Act and Schedule and in view of that once the reference is forwarded to the Industrial Court, and relating to the retrenchment, the Industrial Court has power to decide the same. Once the reference is already forwarded, the Court does not have power to again refer the matter to the Labour Court.

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In view of this, the issue needs to be considered by the learned Industrial Court. Hence, the order passed by the learned Industrial Court in Reference I.D.A. No.02/2014 dated 31.3.2023 is set aside and the matter is remitted back to the learned Industrial Court to decide it afresh after giving opportunity of hearing to all the parties. There shall be no order as to costs.

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(Siddheshwar S. Thombre, J)

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mukund ambulkar

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Signed by: Ambulkar (MLA) Designation: PS To Honourable Judge Date: 10/10/2025 17:45:47

Dhyaneshwar Balabhau Bahekar and Others v. Learned Industrial Tribunal, Akola and Others

Case brief

What is this about?

What did the court decide?

Dhyaneshwar Balabhau Bahekar and Others v. Learned Industrial Tribunal, Akola and Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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Coram

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