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
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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
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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
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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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