Bombay High Court

THE CHAIRMAN SANGAMNER SHETKI SAHAKARI SANGH MARYADIT AND ANOTHERversusSOMNATH SUKHDEO KADNAR

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

A writ petition cannot be entertained once the award has attained finality through implementation ordered by the Industrial Court.

Summary

The petitioners challenged an award dated 1 December 2016 passed by the Presiding Officer of the First Labour Court, Ahmednagar, in Reference (IDA) No.28/2009. While the writ petition was pending, the respondent filed Complaint (ULP) No.22/2017 before the Industrial Court, Ahmednagar, which directed the petitioners to implement the labour court award. The Industrial Court's order gave the award finality. The High Court considered whether the writ petition could still be entertained after the award had become final and enforceable. Finding that the award was already final and the petitioners were bound to comply, the Court declined to entertain the writ. Consequently, the writ petition was dismissed without any order as to costs.

Issues considered

Whether a writ petition challenging a labour court award can be entertained after the award has attained finality through an Industrial Court order
Whether the petitioner is obligated to implement the award despite the pendency of the writ petition

Subjects

labour law
industrial court
award enforcement
writ petition
finality of award
civil procedure

Judgment

2026:BHC-AUG:20776
                                                              Writ Petition No.9515/2017
                                             :: 1 ::




                      IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                  BENCH AT AURANGABAD

                              WRIT PETITION NO.9515 OF 2017

            The Chairman, Sangamner Shetki
            Sahakari Sangh Maryadit & anr.                    ….Petitioners
                     VERSUS
            Somnath s/o Sukhdeo Kadnar                        ….Respondent

                                             .......
            Mr. S.K. Shinde, Advocate for petitioners
            Mr. P.V. Barde, Advocate for respondent

                                              ....…

                                    CORAM : SIDDHESHWAR S. THOMBRE, J.
                                    DATE      : 28th APRIL, 2026

            PER COURT :


            1.          Heard learned counsel for the respective parties.


            2.          The petitioner has challenged the award dated 1/12/2016,

            passed by the Presiding Officer, First Labour Court, Ahmednagar in

            Reference (IDA) No.28/2009. It seems that, during the pendency of the

            present petition, the respondent filed Complaint (ULP) No.22/2017 before

            the Industrial Court, Ahmednagar and the learned Industrial Court,

            Ahmednagar directed the present petitioner to implement the award

            passed by the learned Labour Court and the said order is not challenged
                                                 Writ Petition No.9515/2017
                                      :: 2 ::


and as such, has attained finality.


3.           In view of the subsequent developments, I am not inclined to

entertain the present writ petition. The writ petition is dismissed. No

order as to costs.




                                 (SIDDHESHWAR S. THOMBRE, J.)




fmp/-

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