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2026 DAILYLAW 13994 (BOM)

M/S. ARIHANT FABRICS THR. ITS PARTNER AKSHAY KIRAN SHAH v. SHANTARAM KUNDLIK WATHORE

WP/11514/2026 · 2026-10-01

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Judgment text

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Sonali Mane 3-WP-11514-2026.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11514 OF 2026 M/S. Arihant Fabrics Thr. Its Partner Akshay Kiran Shah … Petitioner Versus Shantaram Kundlik Wathore … Respondent Mr. Raju Suryawanshi, for the Petitioner. Mr. A. S. Rao for the Respondent. CORAM : SANDEEP V. MARNE, J. DATE : 1 OCTOBER 2026. P.C. : 1) The Petition challenges the Award dated 11 April 2022 passed by the Labour Court, Thane in Reference (IDA) No. 22 of 2014, by which Petitioner is directed to reinstate the Respondent with full back-wages and continuity of service from 25 December 2011. As hearing of the Petition progressed, the parties have agreed for an arrangement for payment of lump-sum compensation of Rs.10,00,000/- to the Respondent as full and final settlement. Accordingly, on 1 September 2026 following order is passed: 1) Prima facie, this Court is not inclined to interfere in the impugned order since Mr. Arvind Narsingh Shah and Mr. Kiran Narsingh Shah had appeared before the Labour Court by engaging an Advocate. ___Page No. 1 of 2 ___ 1 October, 2026 MANE SONALI DILIP Digitally signed by MANE SONALI DILIP Date: 2026.10.03 11:04:15 +0530 Sonali Mane 3-WP-11514-2026.docx 2) This Court suggested to the parties that the impugned Award passed by the Labour Court can be converted into an order for payment into lumpsum compensation of Rs. 10 lakh. Both the parties are aggreable to the suggestion. 3) Mr. Suryawanshi, the learned counsel appearing for the Petitioner, on instructions, submits that compensation of Rs. 10 lakh shall be paid to the Respondent within period of four weeks. Statement is accepted as undertaking given to the Court. Accordingly, the action initiated by the Tehsildar for attachment for sale of properties of the Petitioner shall stand deferred till the next date of hearing. 4) List the Petition under caption 'for directions', on 1 October 2026 before which, the Petitioner shall pay to the Respondent compensation of Rs. 10 lakh. 2) Mr. Suryawanshi, the learned counsel appearing for Petitioner submits that an amount of Rs.10,00,000/- has been paid by the Petitioner to the Respondent on 1 October 2026. Mr. Rao, the learned counsel appearing for Respondent confirms this position. 3) Accordingly, the Award dated 11 April 2022 is modified by directing that Respondent is entitled to lump-sum compensation of Rs.10,00,000/- in lieu of reinstatement and back-wages. Since the compensation is already paid, the order passed by the Industrial Court on 20 December 2024 issuing the recovery certificate is set aside. 4) Writ Petition is accordingly partly allowed in above terms and disposed of. [SANDEEP V. MARNE, J.] ___Page No. 2 of 2 ___ 1 October, 2026