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Bombay High Court

SIEMENS LTD.versusAURANGABAD MATHADI AND UNPROTECTED LABOUR BOARD

Disposal
DISPOSED OFF

Holding

The order passed by the Board without affording a hearing violates natural justice and must be quashed.

Summary

Siemens Ltd. filed a writ petition challenging an order dated 23 April 2013 issued by the Aurangabad Mathadi and Unprotected Labour Board that directed the company to pay Rs. 2,26,984. The petitioner contended that the Board had not afforded it a chance to be heard, violating the principles of natural justice. The respondent could not demonstrate that a hearing was held. The Court held that a fair hearing is a prerequisite for any adjudicative decision and that the Board’s order, issued without such a hearing, was untenable. Consequently, the order was quashed and set aside, and the matter was remitted to the Board for fresh adjudication with a direction to provide a hearing within three months. The writ petition was thereafter disposed of.

Issues considered

  • Whether the Aurangabad Mathadi and Unprotected Labour Board complied with the principles of natural justice by providing an opportunity of hearing before passing the order.
  • Whether the order dated 23 April 2013 can be set aside for violation of natural justice.

Subjects

  • natural justice
  • opportunity of hearing
  • quash order
  • labour board
  • writ petition
  • procedural fairness

Judgment

2026:BHC-AUG:37301



                                                                   48 WP No.3956.2013
                                                -1-

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                             WRIT PETITION NO. 3956 OF 2013

                                    SIEMENS LTD.
                                       VERSUS
                   AURANGABAD MATHADI AND UNPROTECTED LABOUR BOARD
                                               ***
              Advocate for the Petitioner : Mr. P. S. Sinha h/f Mr. S. V. Adwant
              Advocate for Respondents : Mr. P. P. Mandlik

                                               ***

                                 CORAM : SACHIN S. DESHMUKH, J.
                                   Date : 19th August, 2026
              ORDER :-


              1.           The    petitioner   has    challenged   the   order     /

              communication dated 23.04.2013 rendered by the Aurangabad

              Mathadi and Unprotected Labour Board, directing the petitioner to

              pay an amount of Rs. 2,26,984/-.



              2.           The learned counsel for the petitioner submits that the

              order / communication has been passed without extending an

              opportunity of hearing to the petitioner. Therefore, the counsel for

              petitioner submits that the same is liable to be quashed and set

              aside.


              3.           When confronted with the record, Mr. Mandlik, the

              learned counsel appearing for the respondent is unable to
                                                           48 WP No.3956.2013
                                   -2-

demonstrate from material on record that an opportunity of

hearing was conferred upon the petitioner.



4.           Having heard the submissions of the respective parties

and perusing the material on record, it is evident that the

respondent-Board issued the impugned order / communication

without extending an opportunity of hearing to the petitioner. An

effective hearing in compliance with the principles of natural justice

is a pre-requisite for every determination and cannot be infringed

under any eventuality. Consequently, the impugned order /

communication is untenable. It therefore deserves to be quashed

and set aside, and the matter needs to be remitted back to the

respondent-Board for fresh adjudication.


5.           Accordingly,    the   order      /    communication      dated

23.04.2013 rendered by the respondent – Board is quashed and

set aside.



6.           The   parties   are   directed       to   appear   before   the

respondent - Board on 10.09.2026.



7.           The respondent – Aurangabad Mathadi and Unprotected

Labour Board shall hear and decide the matter afresh on its merits
                                                     48 WP No.3956.2013
                                  -3-

extending the opportunity of hearing to respective parties within a

period of three (03) months from the date of appearance and pass

appropriate orders in accordance with law.



8.            With the aforesaid directions, the writ petition stands

disposed of.



                                        (SACHIN S. DESHMUKH, J.)


Omkar Joshi


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