Bombay High Court
ASHOK CHANDRAHASYA DESHMUKHversusTHE NANDED ZILLA DEKHREKH SAHAKARI SANSTHA MARYA NANDED
- Disposal
- DISPOSED OFF
Holding
The Court modified the award in petition 5126/2020 to Rs.1,90,198 based on the respondent's admission, while it upheld the Labour Court's award of Rs.1,79,072 in petition 6159/2019.
Summary
Two writ petitions were filed against the Nanded Zilla Dehkrekh Sahakari Sanstha Marya, Nanded challenging Labour Court orders that directed the respondent to pay Rs.1,79,072 to the petitioners. In petition 5126/2020, the petitioner argued that the respondent had admitted a higher liability of Rs.1,90,198, and the High Court modified the award accordingly, directing payment of the higher amount within three months. In petition 6159/2019, the petitioner sought interference with the same Labour Court order, but the Court found that the Labour Court had correctly appreciated the material and dismissed the petition, upholding the original award. The Court also reiterated the directive that the respondent must pay the awarded amount within three months. Thus, one petition was modified while the other was dismissed, with both resulting in a payment directive to the respondent.
Issues considered
- What is the correct quantum of payment owed by the respondent to the petitioners under the Industrial Disputes Act?
- Whether the High Court should modify the Labour Court's award in light of the respondent's admission of a higher amount?
- Whether the High Court should interfere with the Labour Court's award in petition 6159/2019?
Legislation cited
Subjects
- Industrial Disputes Act
- Labour Court
- Writ Petition
- Award Modification
- Payment Enforcement
- High Court
Judgment
2026:BHC-AUG:20119
1 of 3 119-WP.5126.2020
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
119 WRIT PETITION NO. 5126 OF 2020
VISHWANATH BHUJANGRAO AMBULGEKAR
VERSUS
THE NANDED ZILLA DEKHREKH SAHAKARI SANSTHA MARYA
NANDED THROUGH CHAIRMAN AND CEO
...
Mr. S. P. Katneshwarkar, Advocate for the Petitioner.
Mr. Gopal D. Kale, Advocate for Respondent.
...
WITH
WRIT PETITION NO. 6159 OF 2019
ASHOK CHANDRAHASYA DESHMUKH
VERSUS
THE NANDED ZILLA DEKHREKH SAHAKARI SANSTHA MARYA
NANDED
…
Mr. S. P. Katneshwarkar, Advocate for the Petitioner.
Mr. Gopal D. Kale, Advocate for Respondent.
...
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 23rd APRIL, 2026
P.C.:-
WRIT PETITION NO.5126 OF 2020:-
1. Heard learned Advocates for the respective parties.
2. By the present petition, the Petitioner is aggrieved by the
order dated 29.03.2018 passed by the learned Presiding Officer for I.D.
Act and Judge, Labour Court, Nanded in IDA No.10/2013, whereby the
Respondent (Non-Applicant) has been directed to pay an amount of
Rs.1,79,072/- to the Petitioner.
2 of 3 119-WP.5126.2020
3. The learned Labour Court, Nanded has directed the
Respondent to pay an amount of Rs.1,79,072/-. However, the learned
Advocate for the Petitioner has invited my attention to the written
statement filed by the Respondent, wherein it is admitted that the
Petitioner is entitled to receive an amount of Rs.1,90,198/-. In view of
the said admission, the Petitioner is entitled to receive Rs.1,90,198/-
instead of Rs.1,79,072/-. Accordingly, the Respondent is directed to pay
an amount of Rs.1,90,198/- to the Petitioner within a period of three
months from today.
4. Hence, the present petition stands disposed of.
WRIT PETITION NO.6159 OF 2019:-
5. Heard learned Advocates for the respective parties.
6. By the present petition, the Petitioner is aggrieved by the
order dated 04.04.2018 passed by the learned Presiding Officer under
the I.D. Act and Judge, Labour Court, Nanded in I.D.A. No.7 of 2013,
whereby the Respondent (Non-Applicant) has been directed to pay an
amount of Rs.1,79,072/- to the Petitioner.
7. After hearing the learned Advocates for some time, I find that
the learned Labour Court has rightly appreciated the material on
record and has passed the impugned order. No interference is
warranted in the same.
8. In view thereof, the present petition stands dismissed.
3 of 3 119-WP.5126.2020
9. The Respondent is directed to pay the said amount to the
Petitioner within a period of three months from today.
(SIDDHESHWAR S. THOMBRE, J.)
Tauseef
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