UTTAN MACHIMAR AND VAHATUK SAHAKARI SOCIETY LTD AND ANR vs NITIN JAYWANT MHATRE

Judgment text excerpt

2026:BHC-AS:24292 Renuka WP 5003 of 2021 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5003 OF 2021 Uttan Machimar and Vahatuk Sahakari Society Ltd. and Anr. ...Petitioners V/s. Nitin Jaywant Mhatre ...Respondent ______________ Mr. Prashant Mohite with Mr. Kishor G. Pashte for the Petitioner. Mr. Rajendra Jain with Mr. Pranil Lahigade i/b Mr. Prashant Goyal for Respondent. ______________ CORAM: SANDEEP V. MARNE, J. RESERVED ON: 11 JUNE 2026. PRONOUNCED ON: 17 JUNE 2026 JUDGMENT: 1) The issue involved in the Petition is whether an act of the employee in making vulgar and disparaging utterances towards women of the community for whose benefit he is employed would constitute a grave misconduct entailing punishment of dismissal from service. Also involved is the issue as to whether finding of guilt recorded by the Labour Court after assessing the evidence before it can be set aside in revision by the Industrial Court by laying emphasis on a discrepancy in the depositions and by considering the relationship of a witness with the office bearer of the management. Page No. 1 of 20 17 JUNE 2026 Renuka WP 5003 of 2021 2) The issues arise in the light of challenge raised by the Petitioner-employer to the judgment and order dated 7 January 2021 passed by the Member, Industrial Court, Thane, partly allowing Revision Application (ULP) No. 75 of 2015 and setting aside the judgment and order dated 3 August 2015 passed by Labour Court, Thane in Complaint (ULP) No. 25 of 2007. The Labour Court had dismissed Complaint (ULP) No. 25 of 2007, in which the Respondent had challenged the order of his termination. Reversing the decision of Labour Court, the Industrial Court has partly allowed Complaint (ULP) No. 25 of 2007 by declaring the order of term