Sonali Mane 41-WP-15981-2025.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15981 OF 2025 GKN Sinter Metals Pvt. Ltd. … Petitioner Versus Prashant Wani … Respondent WITH WRIT PETITION (ST) NO. 19369 OF 2025 GKN Sinter Metals Pvt. Ltd. … Petitioner Versus Shoaib Shoukat Mulani … Respondent WITH WRIT PETITION (ST) NO. 19398 OF 2025 GKN Sinter Metals Pvt. Ltd. … Petitioner Versus Tushar Suresh Salunkhe … Respondent Mr. Dhananjay J. Bhanage for Petitioner. Mr. Sumit V. Sonare a/w Mr. Harshavardhan K. Jadhav for Respondents. CORAM : SANDEEP V. MARNE, J. DATE : 22 SEPTEMBER 2026. P.C. : 1) The Petition challenge orders dated 16 April 2025 passed by the learned Presiding Officer, Labour Court, Pune allowing the applications filed by the Workmen for not permitting the employer to be represented through Advocate. ___Page No. 1 of 2 ___ 22 September 2026 MANE SONALI DILIP Digitally signed by MANE SONALI DILIP Date: 2026.09.24 10:57:04 +0530 Sonali Mane 41-WP-15981-2025.docx 2) I have heard Mr. Bhanage, the learned counsel appearing for Petitioner-Employer and Mr. Sonare, the learned counsel appearing for Respondents-Employees. Both the learned counsel have placed on record several decisions of the Hon'ble Apex Court and various High Courts in support of their respective contentions. Perusal of the impugned orders would indicate that none of those decisions were brought to the notice of the Labour Court, which did not have an occasion to consider the exact position of law. The Labour Court will have to decide whether consent is the major factor or whether Court can ignore the non-grant of consent and decide to grant leave to engage Advocate taking into consideration the facts of circumstances of the case. In my view, therefore, Applications need to be adjudicated afresh by the Labour Court. 3) Accordingly, impugned orders dated 16 April 2025 are set aside. Applications preferred by the Workmen are remanded to the Labour Court for being decided afresh. All points raised by the parties are expressly kept open to be agitated before the Labour Court. The Writ petitions are accordingly allowed in part and disposed of. [SANDEEP V. MARNE, J.] ___Page No. 2 of 2 ___ 22 September 2026