Authority: High Court of Judicature at Bombay (Civil Appellate Jurisdiction)

Order Date: 17 September 2026

Case Overview

  • Petition: Writ Petition No.5508 of 2021 filed by M/s. Suttatti Enterprises Limited (Petitioner‑Employer) against Ms. Mandabai Dattatraya Garad (Respondent‑Employee).
  • Background: Labour Court No. 4, Pune, in Reference (IDA) No.92 of 2011 awarded reinstatement and full back‑wages from 5 September 2010, directing the employer to restore the employee.
  • Employment dispute: Respondent claimed engagement from 24 April 1998; petitioner asserted appointment only from 1 July 2007.
  • Termination claim: Respondent alleged she was told on 5 September 2010 by Mr. Vijay Suttatti not to report for work and was barred by the security guard on 6 September 2010. She sent a letter dated 20 October 2010 demanding reinstatement, which the petitioner received but did not reply.
  • Labour Court findings: Determined termination, ordered reinstatement and back‑wages.
  • Employer’s appeal: Counsel Mr. Nitin A. Kulkarni argued abandonment, lack of evidence of termination, procedural defects, and that the reference had been dismissed (6 May 2016) and restored (8 February 2018), contending back‑wages should not be awarded.
  • Respondent’s defence: Counsel Mr. A.S. Peerzada maintained termination was proper, highlighted witness Mr. Mukund Laxman Lonkar’s admission that the respondent attempted to report on 6 September 2010 but was denied entry, and cited precedents (D.K. Yadav, Gaurishankar Vishwakarma, Noble Paints, Bhushan Industries) supporting liability for termination without proper procedure.
  • High Court analysis: Accepted the witness’s deposition as proof that the employee was prevented from reporting, thereby rejecting the abandonment defence. Noted violation of Section 25F of the Industrial Disputes Act (no notice, no retrenchment compensation). Recognised that the respondent, born 28 May 1965, crossed the statutory retirement age of 58 on 28 May 2023, making reinstatement impracticable.

Final Outcome

  • The Labour Court award dated 30 January 2020 is modified.
  • Petitioner shall pay the respondent a lump‑sum compensation of Rs 6,00,000 in lieu of reinstatement, continuity, and back‑wages, constituting full and final settlement.
  • No other service‑related benefits are payable.
  • The compensation must be paid within six weeks of the order; failure to do so will attract interest at 8 % per annum from the expiry of the six‑week period.
  • The writ petition is partly allowed and disposed of; no order as to costs.

Topics: Labour Law, Employment Termination