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Bombay High Court

Lokmat Media Pvt. Ltd., Through Its ... vs Mr. Tushar Ganpatrao Hande on 26 June, 2018

Author: S.B. Shukre

Bench: S.B. Shukre

                                            1                           wp.2856.18.jud



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

                       WRIT PETITION NO.2856 OF 2018

 Petitioners               : 1] Lokmat Media Pvt. Ltd.
                                Through its Chairman Shri Vijay Darda,
                                Regd. Address 126-B, 12th Floor,
                                Mittal Tower, Nariman Point,
                                Mumbai: 400 021.

                               2] Lokmat Media Pvt. Ltd.
                                  Through the Managing Director
                                  Shri Devendra Vijay Darda, having its
                                  Office at 126-B, 12th Floor, Mittal Tower,
                                  Nariman Point, Mumbai : 400 021.

                               3] Lokmat Media Pvt. Ltd.
                                  Through Assistant Vice President - HR
                                  Shri Balaji Muley, Lokmat Bhavan,
                                  Jalna Road, Aurangabad : 431 003.

                                  -- Versus --

 Respondent                :      Mrs. Tushar Ganpatrao Hande,
                                  Aged about 54 years,
                                  Occupation : Service,
                                  R/o Chaure Plot, Opposite Hotel Skylab,
                                  Akola, Tq. & Distt. Akola.

                                         with
                       WRIT PETITION NO.2857 OF 2018

 Petitioners               : 1] Lokmat Media Pvt. Ltd.
                                Through its Chairman Shri Vijay Darda,
                                Regd. Address 126-B, 12th Floor,
                                Mittal Tower, Nariman Point,
                                Mumbai: 400 021.

                               2] Lokmat Media Pvt. Ltd.
                                  Through the Managing Director



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                                  Shri Devendra Vijay Darda, having its
                                  Office at 126-B, 12th Floor, Mittal Tower,
                                  Nariman Point, Mumbai : 400 021.

                               3] Lokmat Media Pvt. Ltd.
                                  Through Assistant Vice President - HR
                                  Shri Balaji Muley, Lokmat Bhavan,
                                  Jalna Road, Aurangabad : 431 003.

                                  -- Versus --

 Respondent                :      Mr. Dilip s/o Dattatraya Grihe,
                                  Aged about 46 years,
                                  Occupation : Service,
                                  R/o MRLD Colony, Gitanagar, Akola.
                                         with
                       WRIT PETITION NO.2858 OF 2018

 Petitioners               : 1] Lokmat Media Pvt. Ltd.
                                Through its Chairman Shri Vijay Darda,
                                Regd. Address 126-B, 12th Floor,
                                Mittal Tower, Nariman Point,
                                Mumbai: 400 021.

                               2] Lokmat Media Pvt. Ltd.
                                  Through the Managing Director
                                  Shri Devendra Vijay Darda, having its
                                  Office at 126-B, 12th Floor, Mittal Tower,
                                  Nariman Point, Mumbai : 400 021.

                               3] Lokmat Media Pvt. Ltd.
                                  Through Assistant Vice President - HR
                                  Shri Balaji Muley, Lokmat Bhavan,
                                  Jalna Road, Aurangabad : 431 003.

                                  -- Versus --

 Respondent                :      Mr. Sanat s/o Kesharchand Ahale,
                                  Aged about 59 years,
                                  Occupation : Service,
                                  R/o Near Pundalik Maharaj Ashram,
                                  Raut Wadi, Akola, Tq. & Distt. Akola.



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                                         with
                       WRIT PETITION NO.2859 OF 2018

 Petitioners               : 1] Lokmat Media Pvt. Ltd.
                                Through its Chairman Shri Vijay Darda,
                                Regd. Address 126-B, 12th Floor,
                                Mittal Tower, Nariman Point,
                                Mumbai: 400 021.

                               2] Lokmat Media Pvt. Ltd.
                                  Through the Managing Director
                                  Shri Devendra Vijay Darda, having its
                                  Office at 126-B, 12th Floor, Mittal Tower,
                                  Nariman Point, Mumbai : 400 021.

                               3] Lokmat Media Pvt. Ltd.
                                  Through Assistant Vice President - HR
                                  Shri Balaji Muley, Lokmat Bhavan,
                                  Jalna Road, Aurangabad : 431 003.

                                  -- Versus --

 Respondent                :      Mr. Bhaurao s/o Nagorao Dhote,
                                  Aged about 61 years,
                                  Occupation : Retired,
                                  R/o Narsingpur, Post Chicholi,,
                                  Tahsil Karanja (Ghadge), District Wardha.

                                         with
                       WRIT PETITION NO.2860 OF 2018

 Petitioners               : 1] Lokmat Media Pvt. Ltd.
                                Through its Chairman Shri Vijay Darda,
                                Regd. Address 126-B, 12th Floor,
                                Mittal Tower, Nariman Point,
                                Mumbai: 400 021.

                               2] Lokmat Media Pvt. Ltd.
                                  Through the Managing Director
                                  Shri Devendra Vijay Darda, having its



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                                  Office at 126-B, 12th Floor, Mittal Tower,
                                  Nariman Point, Mumbai : 400 021.

                               3] Lokmat Media Pvt. Ltd.
                                  Through Assistant Vice President - HR
                                  Shri Balaji Muley, Lokmat Bhavan,
                                  Jalna Road, Aurangabad : 431 003.

                                  -- Versus --

 Respondent                :      Mr. Subhash s/o Ramrao Tayade,
                                  Aged about 65 years,
                                  Occupation : Retired,
                                  R/o Near Saoji Convent, Fadke Nagar,
                                  Akola.

                                         with
                       WRIT PETITION NO.2861 OF 2018

 Petitioners               : 1] Lokmat Media Pvt. Ltd.
                                Through its Chairman Shri Vijay Darda,
                                Regd. Address 126-B, 12th Floor,
                                Mittal Tower, Nariman Point,
                                Mumbai: 400 021.

                               2] Lokmat Media Pvt. Ltd.
                                  Through the Managing Director
                                  Shri Devendra Vijay Darda, having its
                                  Office at 126-B, 12th Floor, Mittal Tower,
                                  Nariman Point, Mumbai : 400 021.

                               3] Lokmat Media Pvt. Ltd.
                                  Through Assistant Vice President - HR
                                  Shri Balaji Muley, Lokmat Bhavan,
                                  Jalna Road, Aurangabad : 431 003.

                                  -- Versus -

 Respondent                :      Mr. Rajendra s/o Baburao Malamkar,
                                  Aged about 55 years,
                                  Occupation : Service,
                                  R/o Near Vivekanand Ashram,
                                  Sudhir Colony, Akola, Tq. & Distt. Akola.



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    =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
    Shri M.G. Bhangde, Senior Advocate with Shri R.M. Bhangde,
                     Advocate for the Petitioners.
           Shri A.S. Dhore, Advocate for the Respondent.
    =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

                           CORAM     : S.B. SHUKRE, J.
                           DATE      : 26th JUNE, 2018.


 COMMON JUDGMENT :-


                  Rule. Rule made returnable forthwith. Heard finally

 by consent.



 02]              These petitions challenge two orders passed on

 06/04/2018 and 19/04/2018 by the Labour Court. By the first

 order passed on 06/04/2018, the application for recasting of

 Issue No.1 was allowed but the preliminary objection taken by

 the petitioners that the issue as to, whether or not the

 respondents were workmen be decided first as a preliminary

 issue, was rejected. By the second order passed on 19/04/2018,

 the application of the respondents for directing the petitioners to

 produce documents i.e. balance-sheet of the whole of the

 newspaper establishment of the petitioners on record of the

 case, was allowed.            These orders are identically passed in all

 matters and, therefore, all these petitions challenging the




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 identical orders are being disposed of by this common order.



 03]              As regards the first order dated 06/04/2018, the main

 reason given by the Labour Court appears to be the law which

 came later prevailed over the previous law and so the ratio of

 latest judgment deserved to be followed. This reason appears to

 be inconsistent with the settled principle of law of precedents.

 The law on this point has been clarified by the Hon'ble Apex

 Court in the case of Sandeep Kumar Bafna vs. State of

 Maharashtra and another - AIR 2014 SC 1745 . when it observed

 in paragraph 15 :

                  "15. ........... It is often encountered in High Courts
                  that two or more mutually irreconcilable decisions of
                  the Supreme Court are cited at the Bar.                We think
                  that the inviolable recourse is to apply the earliest
                  view as the succeeding ones would fall in the
                  category of per incuriam."


 04]              It appears that, this law was not pointed out to the

 lower Court and although it should have been brought to the

 notice of the appellate Court, it being relevant for adjudicating

 upon the issue involved in the present case. If the law so laid

 down by the Hon'ble Apex Court, which is germane to the issue

 involved in this case, is considered, there would be a sea change



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 in the reflections that would appear in the order to be passed by

 the Labour Court while deciding the application at Exh.C/13 as

 regards the preliminary issue. For this reason, I am of the view

 that so far as the first order passed below application at

 Exh.C/13 is concerned, same cannot be treated as an order

 consistent with the settled principle of law and therefore it would

 have to be quashed and set aside and the matter remanded

 back to the trial Court for fresh consideration in accordance with

 law.



 05]              As regards the second order passed below application

 at Exh.U-5 on 19/04/2018, I must say that this order drawing

 heavily from the various recommendations of Majithia Award,

 which has been accepted by the Central Government, does so

 only halfheartedly. There is a paragraph 3 appearing in Section-

 II of the award, which contains another clause (a)(ii). This clause

 appears to be relevant for deciding the issue involved in this

 application. This relevant clause, however, it is seen from the

 impugned order, has missed the attention of the Labour Court

 altogether and the result is passing of an order, which is illegal.

 Such an order can also be not sustained in the eye of law.




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 06]               In the result, the writ petitions deserve to be allowed.

 Hence, the following order :


                                      ORDER

i. The writ petitions are allowed.

ii. The impugned order dated 06/04/2018 and 19/04/2018 are hereby quashed and set aside.

iii. Both the applications are remanded back to the Labour Court for their trial afresh in accordance with law.

iv. The Labour Court shall make an endavour to dispose of these applications as expeditiously as possible.

v. Rule is made absolute in the above terms with no order as to costs.

(S.B. SHUKRE, J.) *sandesh ::: Uploaded on - 03/07/2018 ::: Downloaded on - 05/07/2018 00:35:14 :::