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Bombay High Court

THE SARPANCH GRAMPANCHAYAT OFFICE BAVACHI AND ANOTHERversusSATISH SHESHRAO SHINDE

Disposal
DISPOSED OFF

Holding

Because the petitioners failed to deposit the Rs 10,000 cost as mandated by the Industrial Court, the complaint could not be restored and the writ petition was dismissed.

Summary

The Sarpanch Grampanchayat Office Bavachi and another filed a writ petition challenging orders of the Labour Court and the Industrial Court relating to a labour complaint. They argued that once the Industrial Court set aside the Labour Court's order, the Labour Court could not restore it. The respondent contended that the Industrial Court had conditioned any restoration on the petitioners depositing Rs 10,000 as costs, which they failed to do. The High Court examined the Industrial Court’s order, noting the explicit cost condition and the petitioners' non‑compliance. Concluding that the condition was precedent to restoration, the Court held that the complaint could not be revived and dismissed the writ petition, also disposing of the related civil application.

Issues considered

  • Whether the Labour Court can restore its order after it has been set aside by the Industrial Court
  • Whether failure to deposit costs as directed by the Industrial Court bars restoration of the labour complaint

Subjects

  • labour law
  • industrial court
  • cost deposit
  • writ petition
  • restoration of order
  • jurisdiction

Judgment

2026:BHC-AUG:23722

                                                                       952-WP-1659-2019.doc


                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                952 WRIT PETITION NO. 1659 OF 2019

                      The Sarpanch Grampanchayat Office Bavachi And Another
                                              VERSUS
                                      Satish Sheshrao Shinde

                                               WITH
                                CIVIL APPLICATION NO. 3276 OF 2019
                                         IN WP/1659/2019

                      The Sarpanch Grampanchayat Office Bavachi And Another
                                              VERSUS
                                      Satish Sheshrao Shinde

                                                   ...
          Mr. N. G. Kale for the Petitioners.
          Mr. S. P. Urgunde for the Respondent.
                                                   ...

                                             CORAM :      SIDDHESHWAR S. THOMBRE, J.
                                             DATE :       12 JUNE 2026

          P. C.:

          1.        Heard Mr. Kale, learned counsel for the Petitioners.

          2.        The Petitioners assail the order dated 22 nd September 2017 and order

          dated 9th April 2018 passed by the learned Labour Court, Latur in Complaint

          (ULP) No.96 of 2015 and Criminal Complaint (ULP) No.18 of 2017 and also

          the order dated 25th January 2019 passed by the learned Industrial Court

          below Exhibit C-2 in Revision Application (ULP) No.4 of 2019.

          3.        Learned counsel for the Petitioners submits that once the Industrial

          Court remanded the matter and set aside the order passed by the learned

          Labour Court, the Labour Court does not have the power to restore its own

          Shubham                                                                 Page 1 of 3
                                                          952-WP-1659-2019.doc


order which was already set aside by the Industrial Court. Therefore he

submits that on this ground the Petition needs to be allowed by setting aside

the impugned orders.

4.        Per contra Mr. Urgunde, learned counsel for the Respondent submits

that in fact the learned Industrial Court while setting aside the order

directed the Petitioners to deposit an amount of Rs.10,000/- to the

complainant as a cost as a pre-condition to contest the Complaint (ULP)

No.96 of 2015 and as the Petitioners failed to deposit the said amount,

therefore naturally, the complaint cannot be restored.

5.        Heard the learned counsel for the respective parties. I have gone

through the order passed by the learned Industrial Court dated 7 th August

2017 whereby as per the clause No.4 the Industrial Court has specifically

observed that the revision petitioners are directed to pay cost of Rs.10,000/-

to the complainant on or before one month from the date of the said order

as pre-condition to contest the Complaint (ULP) No.96 of 2015. Admittedly,

Petitioners have not deposited the said cost amount and even today also the

Petitioners are unable to make a statement before this Court that the

amount as order by learned Industrial Court will be deposited. Therefore, I

find that as the order was passed subject to deposit of costs and the

Petitioners failed to deposit the same, naturally the complaint cannot be

restored. Therefore, considering the above I do not find a reason to interfere

with the said order.

Shubham                                                              Page 2 of 3
                                                              952-WP-1659-2019.doc


6.        Hence, Writ Petition is dismissed. No order as to costs.

7.        In view of the disposal of the Writ Petition, the Civil Application filed

therein does not survive and is accordingly disposed of.



                                          [SIDDHESHWAR S. THOMBRE, J.]




Shubham                                                                  Page 3 of 3


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