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2020 DAILYLAW 1544 (BOM)

BHANUDAS SHAMRAO HIWARALE v. M/S SIDDHESHWAR SAHAKARI SAKHAR KARKHANA MARYADIT MANIKNAGAR THROUGH ITS MANAGING DIRECTOR

WP/2999/2020 · 2026-03-24

Shri Siddheshwar Sundarrao Thombre

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

60-4.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 60 WRIT PETITION NO. 2999 OF 2020 Bhanudas Shamrao Hiwarale VERSUS M/s. Siddheshwar Sahakari Sakhar ….. Mr. More Ashok A., Advocate for the Petitioner ….. CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 24.03.2026 PER COURT : 1. Heard learned counsel for petitioner. 2. By way of present petition, petitioner assails the order 04.09.2019, passed by the Industrial Court, Aurangabad, in Complaint (ULP) No.126 of 2015, whereby the complaint filed by the petitioner came to be dismissed. 3. Industrial Court has rejected the complaint on the ground that there was a separate agreement at the factory level and petitioner has not placed the said agreement on record. In absence of separate agreement at the factory level, the complainant has no locus to file the complaint. 4. Admittedly, despite the complaint having been filed in the year 2015 and dismissed on 04.09.2019 and present petition being pending since 2020, the petitioner has failed to place any such agreement before this Court. 1 2026:BHC-AUG:13540 60-4.odt 5. In view thereof, I do not find any perversity in the order passed by the learned Industrial Court. 6. However, it is made clear that, in case the petitioner subsequently finds any separate agreement, he shall be at liberty to file fresh proceedings before the Industrial Court. If the petitioner files the complaint afresh before the Industrial Court, the Industrial Court to decide the same within a period of six months. 7. The writ petition is, accordingly, disposed of. All issues are kept open. [SIDDHESHWAR S. THOMBRE, J.] Sameer/March-2026 2