Bombay High Court

IBRAHIM MUNIR SHAIKHversusDNYANESHWAR SAHAKARI KARKHANA LIMITED THROUGH MANAGING DIRECTOR

Disposal: DISPOSED OFF

Holding

The High Court upheld the Labour Court’s award and dismissed the writ petition.

Summary

Ibrahim Munir Shaikh filed a writ petition challenging a Labour Court award dated 21 November 2017 that dismissed his reference concerning a termination alleged to have occurred on 1 October 1999. The petitioner had issued a demand notice in August 2015 and approached the Conciliation Officer only in August 2016, creating a delay of about 17 years. Earlier, the petitioner’s complaint under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 was dismissed by the Industrial Court, and the High Court affirmed that no employer‑employee relationship existed. The Labour Court dismissed the reference on the basis of the earlier finding and the inordinate delay. The High Court, after reviewing the material, found no ground to interfere with the Labour Court’s award and dismissed the writ petition.

Issues considered

Whether the Labour Court award can be set aside on the ground of inordinate delay in filing the industrial dispute.
Whether an employer‑employee relationship exists between the parties.
Whether the writ petition is maintainable given the delay and prior findings.

Legislation cited

Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971

Subjects

employer-employee relationship
industrial dispute
delay
labour court award
writ petition
unfair labour practices

Judgment

2026:BHC-AUG:37309


                     IN THE JUDICATURE OF HIGH COURT AT BOMBAY
                                BENCH AT AURANGABAD

                         929 WRIT PETITION NO. 2316 OF 2019

                                    Ibrahim Munir Shaikh
                                           VERSUS
            Dnyaneshwar Sahakari Karkhana Limited Through Managing Director
                                               ...
            Advocate for the Petitioner : Mr. P. S. Mantri h/f Mr. Barde Parag Vijay
                 Advocate for Respondent : Mr. Deshmukh Himmatsinh D.
                                               ...

                                CORAM      : ROHIT W. JOSHI, J.
                                Dated      : August 19, 2026

           PER COURT :-

           1.    The present Petition takes exception to the Award dated 21st

           November 2017 passed by the learned Presiding Officer, 1st Labour

           Court, Ahmednagar, in Reference (IDA) No.1 of 2017.



           2.    The aforesaid Reference came to be initiated at the behest of the

           Petitioner, who had raised a dispute challenging the order of

           termination dated 1st October 1999. The demand notice was issued by

           the Petitioner on 31st August 2015. Thereafter, the Petitioner

           approached the Conciliation Officer for the first time by letter dated

           22nd August 2016.



           3.    It would be apposite to note that, prior thereto, the Petitioner had

           instituted Complaint (ULP) No.146 of 2000, seeking the relief of

           permanency and other consequential benefits. The said complaint was

           instituted under the provisions of the Maharashtra Recognition of Trade

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                                                             929 WP 2316-2019



Unions and Prevention of Unfair Labour Practices Act, 1971. The said

complaint came to be dismissed by the learned Industrial Court. The

order passed by the Industrial Court was challenged before this Court

in Writ Petition No.1139 of 2012, which came to be dismissed by

judgment dated 22nd January 2014.



4.    A perusal of the judgment passed by this Court in the earlier

round of litigation would demonstrate that the finding recorded by

the learned Industrial Court that the Petitioner had failed to establish

the relationship of employer and employee came to be confirmed by

this Court. Thus, the issue as regards the existence of employer-

employee relationship between the parties already stood concluded

in the earlier round of litigation.



5.    The learned Labour Court has dismissed the Reference, in view

of the aforesaid finding recorded in the earlier round of litigation and

also on account of the inordinate delay on the part of the Petitioner

in raising the industrial dispute, the alleged termination having taken

place on 1st October 1999, whereas the Petitioner approached the

Conciliation Officer for the first time on 22nd August 2016. The

learned Labour Court has taken into consideration the material

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                                                               929 WP 2316-2019



placed on record, including the judgment rendered in the earlier

proceedings, as also the fact that the Petitioner approached the

Conciliation Officer after an inordinate lapse of about 17 years from

the date of the alleged termination.



6.       Having regard to the reasons recorded by the learned Labour

Court and upon consideration of the material placed on record, this

Court finds no reason to interfere with the impugned Award in

exercise of its writ jurisdiction.



7.       The Writ Petition is, accordingly, dismissed.




                                                   ( ROHIT W. JOSHI, J. )




vj gawade/-.




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