THE INDIAN EXPRESS PVT LTD AND ORS vs PRASHANT AMBEKAR AND ANR

Judgment text excerpt

Neeta Sawant WP-550-2025-FC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 550 OF 2025 1. The Indian Express (P) Ltd 2. Ms. Vaidehi Thakar 3. Nitin Jumde ….Petitioners (Org. Respondents) : Versus : 1. Prashant Ambekar 2. Arun P Samant ….Respondents ____________ Dr. Abhinav Chandrachud with Mr. Pranit Kulkarni, Ms. Tejasvi Ghag and Mr. Shivam Singh i/b Ms. Poorvi Kamani, for the Petitioner. Mr. Mihir Desai, Senior Advocate i/b Ms. Sanskruti Yagnik, for the Respondent No.1. _____________ CORAM : SANDEEP V. MARNE, J. Reserved on : 24 January 2025. Pronounced on : 3 February 2025. JUDGMENT : 1) Rule. Rule is made returnable forthwith. With the consent of the learned counsel appearing for rival parties, petition is taken up for final hearing and disposal. 2) Order passed by the Industrial Court permitting Respondent-workman to be represented by an Advocate as his defence representative in the domestic enquiry has been challenged by the employer in the present petition. NEETA 3) Respondent No.1 has filed a Complaint of unfair labour SHAILESH SAWANT Digitally signed by NEETA SHAILESH practice being Complaint (ULP) No.99/20124 in Industrial Court, SAWANT Date: 2025.02.06 11:30:20 +0530 Page No.1 of 27 3 February 2025 Neeta Sawant WP-550-2025-FC Thane alleging victimisation and harassment on account of initiation of domestic enquiry against him. In that complaint, he filed application at Exhibit U-2 for grant of interim relief for engagement of Advocate to act as his defence representative. By order dated 9 December 2024, the Industrial Court has allowed the application and has permitted engagement of an Advocate to act as the workman’s defence representative with further direction to the Petitioners to provide proper opportunity of rais