Saryu Properties and Hotel Pvt. Ltd. vs Joseph Andrew Fernandes

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

WRIT PETITION NO.2440 OF 2025
Saryu Properties and Hotel Pvt. Ltd. V/S	....Petitioner
Vimal Prakash	....Respondent
WITH WRIT PETITION NO.2651 OF 2025
Saryu Properties and Hotel Pvt. Ltd. V/S	....Petitioner
Vijay Singh Bist	....Respondent
WITH WRIT PETITION NO.2664 OF 2025
Saryu Properties and Hotel Pvt. Ltd. V/S	....Petitioner
Mallesh Poshanna Parlapelly WITH WRIT PETITION NO.2655 OF 2025	....Respondent
Saryu Properties and Hotel Pvt. Ltd. V/S	....Petitioner
Krishna Nandan Singh	....Respondent
WITH WRIT PETITION NO.2660 OF 2025
Saryu Properties and Hotel Pvt. Ltd. V/S	....Petitioner
Ajit Anant Jadhav WITH WRIT PETITION NO.2492 OF 2025	....Respondent
Saryu Properties and Hotel Pvt. Ltd. V/S	....Petitioner
Suhil Rajaram More	....Respondent
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WITH

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WRIT PETITION NO.2701 OF 2025

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Saryu Properties and Hotel Pvt. Ltd. ....Petitioner V/S Shivpoojan Bans ....Respondent WITH WRIT PETITION NO.2704 OF 2025 Saryu Properties and Hotel Pvt. Ltd. ....Petitioner V/S Joseph Andrew Fernandes ....Respondent WITH WRIT PETITION NO.2661 OF 2025 Saryu Properties and Hotel Pvt. Ltd. ....Petitioner V/S Mahendra Suresh Boble ....Respondent WITH WRIT PETITION NO.2663 OF 2025 Saryu Properties and Hotel Pvt. Ltd. ....Petitioner V/S Ganesh Eknath Kamble ....Respondent WITH WRIT PETITION NO.2662 OF 2025 Saryu Properties and Hotel Pvt. Ltd. ....Petitioner V/S Vijay Ramdas Suryawanshi ....Respondent _________

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Mr. Ashish Kamat, Senior Advocate with Mr. Lancy D’souza and Ms. Deepika Agrawal and Mr. V.M. Parkar for the Petitioner.

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Mr. S.N. Kadam, for Respondents.

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CORAM : SANDEEP V. MARNE, J. DATE : 12 MARCH 2026.

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P.C.:

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These Writ Petitions challenge orders dated 28 August 2024 and 2 September 2025 passed by the Labour Court, Mumbai, in pending References. By the impugned orders, interim reliefs are granted in favour of the Respondents. By order dated 28 August 2024, the Labour Court has directed payment of monetary benefits in the form of 75% of last drawn salary from the date of termination i.e. 31 December 2020 till disposal of the References. The order is later modified on 2 September 2025 by directing deposit of 75% amount of last drawn salary of the Respondents from the date of termination till the date of disposal of the References.

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I have heard Mr. Kamat, the learned Senior Advocate appearing for the Petitioner and Mr. Kadam, the learned counsel appearing for the Respondents.

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After having considered the submissions canvassed by the learned counsel appearing for parties, it is prima facie seen that the services of the Respondents are terminated on 23 December 2020 without following the process of law. It appears that Respondents were not issued even a notice nor paid notice wages before terminating their services. Respondents are also not paid retrenchment compensation in respect of services put in by them. It appears that some of the Respondents have put in long period of service with the Petitioner. To illustrate, the Employee-Mahendra Suresh Boble claims to have put in 20 years of service with the Petitioner. However, these employees were katkam Page No. 3 of 5

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unceremoniously thrown out of service on 23 December 2020 without giving any notice and without paying any retrenchment compensation.

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The Labour Court has however directed payment of 75% wages to the Respondents from the date of termination which order is later modified to an order for deposit. In my view, considering the facts and circumstances of the case, it would be appropriate that the Petitioner is directed to deposit in the Labour Court the amount of notice pay and retrenchment compensation in respect of each of the Respondents. In my prima facie view, this might be the bare minimum of what the Respondents are likely to receive in case they succeed in the pending References.

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I accordingly proceed to pass the following order:

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i) Orders dated 28 August 2024 and 2 September 2025 passed by the Labour Court are modified by directing that the Petitioner shall deposit in the Labour Court the amount towards notice pay and retrenchment compensation in respect of each of the Respondents. The deposit shall be made within a period of six weeks from today.

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With the above directions, all the Writ Petitions are partly allowed and disposed of .

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Needless to observe that the findings recorded by the Labour Court in the impugned orders and by this Court in the present order katkam Page No. 4 of 5

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shall not influence the mind of the Labour Court while deciding the References finally.

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All rights and contentions of the parties are expressly kept open. The Labour Court is requested to expedite the hearing of the References and to make an endeavour to decide the same as expeditiously as possible.

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(SANDEEP V. MARNE, J.)

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Digitally signed by SUDARSHAN SUDARSHAN RAJALINGAM RAJALINGAM KATKAM KATKAM Date: 2026.03.13 15:16:56 +0530

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katkam

Saryu Properties and Hotel Pvt. Ltd. v. Joseph Andrew Fernandes

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Saryu Properties and Hotel Pvt. Ltd. v. Joseph Andrew Fernandes

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