GLAXOSMITHKLINE PHAMACEUTICALS LTD vs SUHAS SHANKAR PAGARE AND ANR

Judgment text excerpt

wp2297-2026-J.doc AGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2297 OF 2026 GlaxoSmithKline Pharmaceutics Limited, Plot No.A-10, M.I.D.C., Ambad, Nashik – 422 010 having registered office at 252, Dr. Annie Besant Road, Worli, Mumbai 400 030 … Petitioner Vs. ATUL GANESH KULKARNI 1. Suhas Shankar Pagare, Digitally signed by ATUL GANESH KULKARNI residing at Sushil Heights, Flat No.8, Date: 2026.04.09 11:40:42 +0530 Near IDEA Show Room, College Road, Parijat Nagar, Nashik 422 005 2. Glaxo Laboratories Employees Union, Nashik, C/o. Pradip Bhimaji Shelke, 4 Diploma Apartment, Datenagar, Opp. Asaram Bapu Ashram, Gangapur Road, Nashik 422 010. … Respondents Mr. Kiran Bapat, Senior Advocate with Mr. P.N. Salgaonkar, & Mr. Pratik Salgaonkar i/by Salgaonkar & Co., for the petitioner. Mr. K.W. Thakare with Mr. G.R. Naik, Mr. Uresh U. Sawant, and Ms. Rutika Naik i/by M/s. G.R. Naik & Co., for the respondent No.1 CORAM : AMIT BORKAR, J. RESERVED ON : APRIL 2, 2026. PRONOUNCED ON : APRIL 9, 2026 1 wp2297-2026-J.doc JUDGMENT: 1. By the present writ petition filed under Articles 226 and 227 of the Constitution of India, the petitioner challenges the Part I Award dated 9 December 2025 passed by the Industrial Court at Nashik in Reference (IT) No. 3 of 2013, whereby it has been held that the departmental enquiry was not conducted in accordance with the mandate of the judgment in Vishaka v. State of Rajasthan, (1997) 6 SCC 241, and further that the enquiry was neither legal nor fair, and that the findings recorded by the Enquiry Officer are perverse. 2. The facts leading to the filing of the present writ petition, as set out by the petitioner, are that respondent No. 1 was employed with the petitioner since 14 May 1990 in the production depart