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Bombay High Court

MUNICIPAL COUNCIL UMRI THROUGH ITS CHIEF OFFICERversusSHRINIVAS PANDHARINATH ANANTWAR

Disposal
DISPOSED OFF

Holding

The order of the Industrial Court is quashed and the complaint is restored, allowing the petitioner to file a written statement.

Summary

The Municipal Council of Umri filed a writ petition challenging an order dated 8 December 2021 of the Industrial Court, Jalna, which had allowed a complaint filed by Shrinivas Pandharinath Anantwar without the council filing a written statement. The council argued that the Industrial Court decided the matter without hearing its written statement, a statutory requirement under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, and thus the decision was not on merits. The respondent contended that he had retired and a compromise had been reached. The High Court observed that the procedural defect of not filing a written statement warranted granting the council another opportunity to be heard. Consequently, the court partially allowed the writ petition, quashed the Industrial Court’s order, restored the complaint to its original position, and directed the council to file its written statement within six months for a fresh determination.

Issues considered

  • Whether the Industrial Court could validly decide the complaint without the petitioner filing a written statement as required by statute?
  • Whether the order dated 8 December 2021 should be set aside and the complaint restored to its original position?

Legislation cited

Subjects

  • writ petition
  • industrial court
  • procedural fairness
  • written statement
  • municipal council
  • quash order
  • restoration
  • Maharashtra Municipal Councils Act

Judgment

2026:BHC-AUG:15624
             Dilwale                                       1                   130-WP-3819-22.odt




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                 130 WRIT PETITION NO. 3819 OF 2022

                         Municipal Council Umri Through Its Chief Officer
                                               VERSUS
                                 Shrinivas Pandharinath Anantwar
                                                   ...
             Advocate for the Petitioner : Mr. Patil B. N.
             Advocate for Respondent : Mr. Kadu Shivraj B.
                                                   ...

                                                 WITH
                                  CIVIL APPLICATION NO. 6686 OF 2022

                                      CORAM         : SIDDHESHWAR S. THOMBRE, J.
                                      DATE          : 02.04.2026

             PER COURT :
             1.        Heard the learned counsel for the respective parties.

             2.        The petitioner is aggrieved by the order dated 8th December, 2021

             passed by the learned Member Industrial Court, Jalna in Complaint (ULP)

             No. 148 of 2019, whereby the complaint filed by the respondent came to

             be allowed.

             3.        The learned counsel for the petitioner, Mr. Patil B. N. submits that

             the Industrial Court decided the complaint without filing the written

             statement on behalf of the petitioner – Municipal Council. It is submitted

             that at the relevant time, the wife of the respondent was holding the post

             of President and, therefore, no written statement was filed. He further

             submits that the matter was not decided on merits and, therefore,
Dilwale                                     2                     130-WP-3819-22.odt


deserves to be remanded for fresh consideration.

4.        Per contra, Mr. Shivraj B. Kadu the learned counsel for the

respondent supports the impugned order. He submits that the respondent

has already retired from service and that there was a compromise entered

before the Industrial Court.

5.        Having heard the learned counsel for the parties and considering

the fact that the complaint came to be decided without filing of the

written statement by the Municipal Council, which is a statutory

authority under the Maharashtra Municipal Councils, Nagar Panchayats

and Industrial Townships Act, 1965, it would be appropriate to grant one

more opportunity to the petitioner to contest the matter on merits.

6.        In view of the above, the writ petition is partly allowed. The

impugned order dated 8th December, 2021 passed by the Industrial

Court, Jalna in Complaint (ULP) No. 148 of 2019 is quashed and set

aside. The said complaint is restored to its original position.

7.        The petitioner is at liberty to file written statement before the

Industrial Court. If such written statement is filed, the Industrial Court

shall decide the complaint expeditiously and preferably within a period of

six months from today.



                                          [ SIDDHESHWAR S. THOMBRE ]
                                                    JUDGE


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