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Judgment
Rule. Rule made returnable forthwith. Heard finally with the consent of learned counsel appearing for the parties.
Vide order dated 27.7.2026 this Court while staying the effect and operation of the impugned judgment of the Industrial Court has directed that an amount of Rs.1,50,000/- be deposited with this Court on or before 20th August, 2026. The said amount, as stated by the learned counsel for the petitioner, is deposited. Today also, none appears for the respondent.
I have heard Mr. A.J. Pathak, learned counsel for the petitioner. None present for the respondent.
The petition challenges judgment and order dated 22.02.2022, passed by the Industrial Court, Nagpur in Complaint (ULP) No.305/2016. The said Complaint was filed by the respondent herein for unfair-labour practice as contemplated under Section 28 read with Item 9 of Schedule-IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. By way of impugned judgment, the Complaint was allowed and the respondents before the Industrial Court i.e. the petitioners herein were directed to pay the respondent herein amount of annual increment from 1st April, 1996 till 4th July, 2016 along with simple interest. As can be seen from the judgment of the Industrial Court and as rightly pointed out by the learned counsel for the petitioners the only reason which has weighed with the Industrial Court at the time of allowing the Complaint is that there is no rebuttal to the claim of the respondent. There is no independent discussion as to how the concerned employee i.e. the respondent herein was entitled to and has proved the claim in question.
In that view of the matter, the writ petition is allowed.
The judgment and order dated 22.02.2022, passed by the Industrial Court, Nagpur in Complaint (ULP) No.305/2016 is quashed and set aside.
The matter is remitted to the Industrial Court, Nagpur for fresh adjudication in accordance with law.
Looking to the fact that the Complaint is filed in the year 2016, the Industrial Court, Nagpur is directed to decide the said Complaint on its own merits as expeditiously as possible and within six months from the date of receipt of the order.
The petitioners to appear before the Industrial Court, Nagpur on 2nd September 2026 and appraise the Court of the said order and thereafter act accordingly as per the directions of the said Court.
The Industrial Court may issue notice to the said respondent concerned employee since today he is not present before the Court.
Learned counsel for the petitioners points me out that amount is deposited in pursuance to the order of this Court.
The petitioners are permitted to withdraw the said amount lying with this Court. Order accordingly.
The petition is disposed of and rule is made absolute accordingly.