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2019 DAILYLAW 3188 (BOM)

IBRAHIM MUNIR SHAIKH v. DNYANESHWAR SAHAKARI KARKHANA LIMITED THROUGH MANAGING DIRECTOR

WP/2316/2019 · 2026-08-19

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Judgment text

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IN THE JUDICATURE OF HIGH COURT AT BOMBAY BENCH AT AURANGABAD 929 WRIT PETITION NO. 2316 OF 2019 Ibrahim Munir Shaikh VERSUS Dnyaneshwar Sahakari Karkhana Limited Through Managing Director ... Advocate for the Petitioner : Mr. P. S. Mantri h/f Mr. Barde Parag Vijay Advocate for Respondent : Mr. Deshmukh Himmatsinh D. ... CORAM : ROHIT W. JOSHI, J. Dated : August 19, 2026 PER COURT :- 1. The present Petition takes exception to the Award dated 21st November 2017 passed by the learned Presiding Officer, 1st Labour Court, Ahmednagar, in Reference (IDA) No.1 of 2017. 2. The aforesaid Reference came to be initiated at the behest of the Petitioner, who had raised a dispute challenging the order of termination dated 1st October 1999. The demand notice was issued by the Petitioner on 31st August 2015. Thereafter, the Petitioner approached the Conciliation Officer for the first time by letter dated 22nd August 2016. 3. It would be apposite to note that, prior thereto, the Petitioner had instituted Complaint (ULP) No.146 of 2000, seeking the relief of permanency and other consequential benefits. The said complaint was instituted under the provisions of the Maharashtra Recognition of Trade Page 1 of 3 2026:BHC-AUG:37309 929 WP 2316-2019 Unions and Prevention of Unfair Labour Practices Act, 1971. The said complaint came to be dismissed by the learned Industrial Court. The order passed by the Industrial Court was challenged before this Court in Writ Petition No.1139 of 2012, which came to be dismissed by judgment dated 22nd January 2014. 4. A perusal of the judgment passed by this Court in the earlier round of litigation would demonstrate that the finding recorded by the learned Industrial Court that the Petitioner had failed to establish the relationship of employer and employee came to be confirmed by this Court. Thus, the issue as regards the existence of employer- employee relationship between the parties already stood concluded in the earlier round of litigation. 5. The learned Labour Court has dismissed the Reference, in view of the aforesaid finding recorded in the earlier round of litigation and also on account of the inordinate delay on the part of the Petitioner in raising the industrial dispute, the alleged termination having taken place on 1st October 1999, whereas the Petitioner approached the Conciliation Officer for the first time on 22nd August 2016. The learned Labour Court has taken into consideration the material Page 2 of 3 929 WP 2316-2019 placed on record, including the judgment rendered in the earlier proceedings, as also the fact that the Petitioner approached the Conciliation Officer after an inordinate lapse of about 17 years from the date of the alleged termination. 6. Having regard to the reasons recorded by the learned Labour Court and upon consideration of the material placed on record, this Court finds no reason to interfere with the impugned Award in exercise of its writ jurisdiction. 7. The Writ Petition is, accordingly, dismissed. ( ROHIT W. JOSHI, J. ) vj gawade/-. Page 3 of 3