Authority: High Court of Judicature at Bombay, Aurangabad Bench
Order Date: 12 October 2026
Case Overview
- Parties: Appellant – Sahyadri Sahakari Sakhar Karkhana Ltd (through its Director); Respondents – Kantaram Dadalrao Hungrage and another.
- Proceedings: First Appeal No. 684 of 2025 filed under Civil Application No. 3363 of 2025, challenging the judgment and award dated 15‑01‑2025 passed by the Commissioner, Workmen Compensation, Labour Court Jalna in WC No.9 of 2023.
- Background: The appellant deposited the entire award amount together with interest in the Labour Court, Jalna, as mandated by statute. The claimants subsequently withdrew 70 % of the deposited amount under orders of this Court.
- Objections Raised by Appellant (advocated by S. S. Chapalgaonkar):
1. The deceased was not a direct employee of the appellant; the claimants did not array the contractor in the appeal, and the Commissioner failed to consider contractor liability.
2. On the date of judgment, the Labour Court re‑cast the issues and pronounced the award without affording either party an opportunity of hearing.
- Relief Sought: The appellant seeks (a) remand of the matter to the Labour Court for findings on the contractor’s role and liability, and (b) an opportunity for both parties to argue the re‑casting issue, noting that the claimants’ interest is presently protected as they can withdraw a substantial amount.
- Court Proceedings: No respondents appeared when the matter was called. The Court directed the matter to be listed on 13‑10‑2026 and indicated that if no representative of the respondents appears, it will consider the appellant’s arguments as recorded.
Final Outcome
- The Civil Application is allowed.
- Execution and operation of the impugned judgment and award dated 15‑01‑2025 are stayed until the disposal of the First Appeal.
Topics: Workmen Compensation, Labour Law