PANDURANG PUNJA AVHAD vs DIRECTOR THE AUTOMOTIVE RESEARCH ASSOCIATION OF INDIA

Judgment text excerpt

k 1/24 70 wp 12676.24 J as.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12676 OF 2024 Pandurang Punja Avhad Age 70 years, Residing at – Devendra Niwas, S-10/3, Sr. No.94/95, Indranagari, Opp. Rahul Residency, Kothrud, Pune – 411 038. ....Petitioner V/S Director, The Automotive Research Association of India, Sr.No.102, Vetal Tekdi, Aside of Karve Road, Kothrud, Pune – 411 038. ....Respondent _________ Mr. Nitin A. Kulkarni for the Petitioner. Mr. Avinash Jalisatgi with Mr. Varun Joshi, Mr. Chetan Alai and Ms. Divya Wadekar for Respondent. __________ CORAM : SANDEEP V. MARNE, J. RESERVED ON : 27 FEBRUARY 2025. PRONOUNCED ON : 10 MARCH 2025. JUDGMENT: 1) The pivotal issue that arises for consideration in the present Petition is whether the Appropriate Government in respect of the Respondent-Automotive Research Association of India (ARAI) is Central or State Government. If it is held that the Appropriate Government for Respondent-ARAI is the State Government, the next issue for consideration is whether Petitioner fits into the definition of a term ‘workman’ within the meaning of Section 2(s) of the Industrial katkam Page No. 1 of 24 k 2/24 70 wp 12676.24 J as.doc Disputes Act, 1947 (ID Act). If the Petitioner is able to clear the two hurdles, the Complaint filed by him challenging his termination can be adjudicated on the merits. 2) The Petition arises out of challenge to the Award dated 15 May 2024 passed by the learned Presiding Officer, First Labour Court, Pune, in Reference (IDA) No.328 of 2010 by which the Reference relating to termination of Petitioner’s services with effect from 8 August 2005 is rejected. 3) Respondent-ARAI is a Society registered under the Societies Registration Act, 1860 and is established with the obj