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Bombay High Court

TEJRAO SAKHARAM MIRGEversusM/S. SIDDHESHWAR SAHAKARI SAKHAR KARKHANA MARYADIT

Disposal
DISPOSED OFF

Holding

The High Court held that the Industrial Court's order was not perverse and therefore upheld the dismissal of the complaint.

Summary

The petitioner, Tejrao Sakharam Mirge, filed a writ petition challenging the Industrial Court's order dated 03‑04‑2019 that dismissed his 2015 unfair labour practice complaint on the ground that a separate factory‑level agreement existed. The petitioner failed to produce the alleged agreement despite multiple requests for time. The High Court found no perversity in the Industrial Court's decision and therefore did not set aside the order. However, the Court clarified that the petitioner may initiate fresh proceedings before the Industrial Court if he later produces the agreement. All issues were kept open and the writ petition was disposed.

Issues considered

  • Whether the Industrial Court's dismissal of the unfair labour practice complaint on the basis of a purported separate agreement, without the agreement being placed on record, is perverse and liable to be set aside.

Subjects

  • Industrial Court
  • unfair labour practice
  • separate agreement
  • writ petition
  • procedural default
  • industrial dispute

Judgment

2026:BHC-AUG:587
                                                1                       983 WP 6531-2020.odt




                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                               983 WRIT PETITION NO. 6531 OF 2020

                                 TEJRAO SAKHARAM MIRGE
                                         VERSUS
                   M/S. SIDDHESHWAR SAHAKARI SAKHAR KARKHANA MARYADIT

                                                 …
             Mr. Sanket S. Joshi h/f. Mr. Ashok A. More – Advocate for Petitioner
                                                 …

                                    CORAM           : SIDDHESHWAR S. THOMBRE, J.
                                    DATE            : 08.01.2026

             PER COURT :
             1.      Heard learned Counsel for the petitioner.


             2.      By way of the present petition, the petitioner assails the order

             dated 03.04.2019 passed below Exhibit O-2 by the learned Industrial

             Court, Aurangabad, in Complaint (ULP) No.361 of 2015, whereby the

             complaint filed by the petitioner came to be dismissed.


             3.      The learned Industrial Court rejected the complaint on the ground

             that there was a separate agreement at the factory level, however the

             petitioner has not placed the said agreement on record before this Court.

             Though on an earlier occasion time was sought, and even today the

             learned Counsel for the petitioner seeks time to place the said agreement

             on record. Admittedly, despite the complaint having been filed in the year

             2015 and having been dismissed by the Industrial Court on 03.04.2019,
                                     2                       983 WP 6531-2020.odt


and the present petition being pending since 2020, the petitioner has

failed to place any such agreement before this Court.


4.       In view thereof, I do not find any perversity in the order dated

03.04.2019 passed below Exhibit O-2 by the learned Industrial Court,

Aurangabad, in Complaint (ULP) No.361 of 2015.


5.       However, it is made clear that, in case the petitioner subsequently

finds any separate agreement, he shall be at liberty to initiate fresh

proceedings before the Industrial Court.


6.       All issues are kept open.


7.       The Writ Petition is disposed of accordingly.



                                            [ SIDDHESHWAR S. THOMBRE ]
                                                      JUDGE


Pooja Kale/


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