Bombay High Court
Jayashree Electron Pvt. Ltd vs Prashant Ranu Gaware on 17 April, 2023
Author: N. J. Jamadar
Bench: N. J. Jamadar
38-WP-2373-2023.DOC
Sayali Upasani
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.- 2373 OF 2023
WITH
WRIT PETITION NO.- 2376 OF 2023
WITH
WRIT PETITION NO.- 14338 OF 2022
WITH
WRIT PETITION NO.- 2377 OF 2023
WITH
WRIT PETITION NO.- 2375 OF 2023
WITH
WRIT PETITION NO.- 2374 OF 2023
Jayashree Electron Pvt. Ltd. ...Petitioner
Vs.
Prashant Ranu Gaware ...Respondent
Mr. Nitin Kulkarni, for the Petitioner.
CORAM:- N. J. JAMADAR, J.
DATED:- 17th APRIL, 2023 PC:-
1) Heard the learned Counsel for the parties.
2) The challenge in this Petition is to an order on preliminary issues dated 15th July, 2022, passed by the learned Presiding 1/2 ::: Uploaded on - 20/04/2023 ::: Downloaded on - 21/04/2023 02:42:40 ::: 38-WP-2373-2023.DOC Officer, Labour Court, Pune, whereby the issue of the finding being perverse came to be answered against the petitioner.
3) It seems that the fact that there was no acknowledgment on the report submitted by the Contractor and the concerned person about the alleged misconduct appears to have weighed with the learned Presiding Officer.
4) The touchstone on which evidence has been appraised by the Presiding Officer to arrive at the conclusion that the findings recorded by the Enquiry Officer are perverse does warrant consideration.
5) Hence issue notice to the respondent, returnable on 26th June, 2023.
6) In addition to notice through Court, the petitioner is at liberty to serve the respondent by private service and file affidavit of service.
7) In the meanwhile, there shall be ad-interim relief in terms of the prayer Clause "C".
[N. J. JAMADAR, J.] 2/2 ::: Uploaded on - 20/04/2023 ::: Downloaded on - 21/04/2023 02:42:40 :::