Dilwale 1 130-WP-3819-22.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 130 WRIT PETITION NO. 3819 OF 2022 Municipal Council Umri Through Its Chief Officer VERSUS Shrinivas Pandharinath Anantwar ... Advocate for the Petitioner : Mr. Patil B. N. Advocate for Respondent : Mr. Kadu Shivraj B. ... WITH CIVIL APPLICATION NO. 6686 OF 2022 CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 02.04.2026 PER COURT : 1. Heard the learned counsel for the respective parties. 2. The petitioner is aggrieved by the order dated 8th December, 2021 passed by the learned Member Industrial Court, Jalna in Complaint (ULP) No. 148 of 2019, whereby the complaint filed by the respondent came to be allowed. 3. The learned counsel for the petitioner, Mr. Patil B. N. submits that the Industrial Court decided the complaint without filing the written statement on behalf of the petitioner – Municipal Council. It is submitted that at the relevant time, the wife of the respondent was holding the post of President and, therefore, no written statement was filed. He further submits that the matter was not decided on merits and, therefore, 2026:BHC-AUG:15624 Dilwale 2 130-WP-3819-22.odt deserves to be remanded for fresh consideration. 4. Per contra, Mr. Shivraj B. Kadu the learned counsel for the respondent supports the impugned order. He submits that the respondent has already retired from service and that there was a compromise entered before the Industrial Court. 5. Having heard the learned counsel for the parties and considering the fact that the complaint came to be decided without filing of the written statement by the Municipal Council, which is a statutory authority under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, it would be appropriate to grant one more opportunity to the petitioner to contest the matter on merits. 6. In view of the above, the writ petition is partly allowed. The impugned order dated 8th December, 2021 passed by the Industrial Court, Jalna in Complaint (ULP) No. 148 of 2019 is quashed and set aside. The said complaint is restored to its original position. 7. The petitioner is at liberty to file written statement before the Industrial Court. If such written statement is filed, the Industrial Court shall decide the complaint expeditiously and preferably within a period of six months from today. [ SIDDHESHWAR S. THOMBRE ] JUDGE