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2026 Supreme(Bom) 6

IN THE HIGH COURT OF JUDICATURE AT BOMBAY AURANGABAD BENCH
ARUN R. PEDNEKER
Ahmednagar Forgings Limited (Now Metalyst Forgings Limited) – Appellant
Versus
Dongare Ganesh D. S/o Raghunath B. Wagh – Respondent


Advocates Appeared:
For the Appellants : P.R. Katneshwarkar, Puneet Bindra, A.D. Kulkarni, Prathmesh Kundalwadikar, Chaitali Seth, Amit Yadkikar
For the Respondent: B.R. Kawre

JUDGMENT :

ARUN R. PEDNEKER, J.

1. Rule. Rule returnable forthwith. With consent of the parties heard finally.

2. All the Writ Petitions involve identical facts and issues. As such, they are taken up together.

3. In Writ Petition No.12730 of 2025, the petitioner challenges the order passed by the Industrial Tribunal, Aurangabad in Compliant (IT) No.1 of 2019 in Reference (I.T.) No.8 of 2017, in complaint filed under Section 33 -A of The Industrial Disputes Act (for brevity “the Act”) seeking a declaration that the petitioner / company has contravened the provisions of (2)(b) of the Act and having committed an offence, be punished with imprisonment for six months along with penalty or compensation of Rs.10,00,000/- and also for quashing and setting aside dismissal order dated 15.04.2019 with direction to the petitioner / company to reinstate the respondent / employee with continuity of service and full back wages.

4. The facts are primarily taken up from Writ Petition No.12730/2025, as under:

According to the complainant, the petitioner / company is a company registered under the Indian Companies Act. It is a Scheduled Engineering Industry engaged in the business of manufacturing of fo

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