Bombay High Court

PANDURANG CHAITYA SAWARversusTHE STATE OF MAHARASHTRA AND ORS

Decided: 24 August 2026
Disposal: Disposed Off

Holding

The writ petition is permitted to be withdrawn and disposed of, with liberty to approach the Labour Court.

Summary

Pandurang Chaitya Sawar filed a writ petition before the Bombay High Court challenging the dismissal of a reference by the Labour Court for non‑prosecution. The petitioner, through counsel, sought the Court's permission to withdraw the writ petition while retaining the liberty to approach the Labour Court for restoration of the reference. The respondents, the State of Maharashtra and others, opposed the withdrawal. The Court examined whether a writ petition could be withdrawn with a liberty to re‑file before the Labour Court. It held that the petitioner was entitled to withdraw the petition and was free to approach the Labour Court thereafter. Accordingly, the writ petition was permitted to be withdrawn and was disposed of.

Issues considered

Whether a writ petition may be withdrawn with liberty to approach the Labour Court for restoration of a dismissed reference

Subjects

withdrawal of writ petition
labour court
reference restoration
non‑prosecution
procedural law

Judgment

  2026:BHC-AS:34860

                          Megha                                                      26_wp_10542_2025


                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                  CIVIL APPELLATE JURISDICTION
                                                 WRIT PETITION NO.10542 OF 2025

                          Pandurang Chaitya Sawar                                   ...Petitioner

                                                V/s.

                          The State of Maharashtra and Ors.                       ...Respondents
                                                            ________________
                          Mr. Vinay P. Khobragade i/b. Mr. Rajesh Khobragade for the Petitioner.
                          Ms. S.D. Chipade, AGP for Respondent-State.
                                                            ________________


                                                                      CORAM: SANDEEP V. MARNE, J.

                                                                      DATED: 24 AUGUST 2026.


                          P.C.:


                          1)            The learned counsel appearing for the Petitioner, on
                          instructions, seeks leave of the Court to withdraw the Petition with
                          liberty to apply to the Labour Court for restoration of the Reference,
                          which is dismissed for non-prosecution.


                          2)          Reserving the liberty as prayed for, the Writ Petition is permitted
                          to be withdrawn and disposed of.


                                                                                [SANDEEP V. MARNE, J.]




Signed by: Megha S. Parab
                                                               Page No.1 of 1
Designation: PA To Honourable Judge                           24 August 2026
Date: 25/08/2026 11:07:41

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