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2013 DAILYLAW 2749 (BOM)

SIEMENS LTD. v. AURANGABAD MATHADI AND UNPROTECTED LABOUR BOARD

WP/3956/2013 · 2026-08-19

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Judgment text

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48 WP No.3956.2013 -1- 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 2026:BHC-AUG:37301 48 WP No.3956.2013 -2- 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 48 WP No.3956.2013 -3- 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