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2023 Supreme(Bom) 1600

MILIND N. JADHAV
Emerson Climate Technologies (India) Private Limited – Appellant
Versus
Shirish Ramchandra Pawar – Respondent


Advocate Appeared:
For the Appellant :Mr. V.R. Joshi a/w. Mr. Chetan Alai, Advocates
For the Respondent:Mr. Vaibhav R. Gaikwad, Advocate

JUDGMENT:

1. Heard. Rule. Taken up for final hearing by consent of the parties.

2. By the present Writ Petition filed under the provisions of Articles 226 and 227 of the Constitution of India Petition has challenged the Award dated 01.03.2019 passed by the Presiding Officer, Labour Court at Satara in Reference (IDA) No.53 of 2016. Petitioner is a private limited company. Dispute before the Labour Court, Satara pertains to reference made by the office of the Deputy Commissioner of Labour, Satara for adjudication of the termination by order dated 10.04.2013 of Respondent - workman who was employed in the services of the Petitioner – Company. Present Writ Petition challenges the Award partly since the Award holds that the enquiry conducted against the second party is fair, legal and proper, but the findings drawn by the Enquiry Officer are perverse.

3. Such of the relevant facts which are necessary for deciding the present Writ Petition are as under:-

3.1. Petitioner – Company has its registered office at Pune. One of its plant / factory is situated at Atit, District Satara. Petitioner is engaged in the manufacturing of hermetically sealed compressors at Atit. Petitioner – Company employe

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