Dismissed

Satara Zilha Nagarparishad Sangharsh Kurti Sammiti, Satara and Ors. v. the Mhaswad Municipal Council and Ors.

Bombay HC11 Oct 2011WP/7000/2011

Case brief

AI extract

What is this about?

In this Writ Petition seeking a declaration of employment, the petitioners—who lost previous writ and industrial court battles regarding an employee's status—approached the Court nine years later. The Court summarily rejected the petition as unentertainable due to intervening judicial orders.

What the court decided

AI extract

Satara Zilha Nagarparishad Sangharsh Kurti… — Pension and Retirement Benefits | Bombay HC (2011)

WP-7000-2011

srk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 7000 OF 2011

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Satara Zilha Nagarparishad Sangharsh Kruti Samiti, Satara and anr.

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...Petitioners

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Versus

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The Mhaswad Municipal Council and ors.

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...Respondents

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Mr.Rajeshwar Panchal with Mr.A.R.Metkari for petitioners.

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Mr.Sameer Patil, AGP for resp.nos.3 and 4.

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Mr.K.B.Sonwalkar for resp.nos.1 and 2.

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CORAM: B. H. MARLAPALLE & SMT. NISHITA MHATRE, JJ.

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October 11, 2011.

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P.C.

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Heard the learned counsel for the petitioners who pray for a

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declaration that petitioner no.2 be held to be in the employment of the

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Mhaswad Municipal Council as Overseer pursuant to the order dated

WP-7000-2011

1/3/1996.

As per the petitioner no.2 she came to be appointed as Overseer

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with effect from 6/4/1995 and on 30/10/1995 she had tendered her resignation. The resignation was accepted but subsequently the Resolution passed on 18/1/1996 accepting the resignation was purportedly set aside by the Collector under his powers under Section 308 of the Maharashtra Municipalities and Industrial Township Act, 1965 on 1/3/1996. She claims that she was given charge for the post of Overseer on 6/3/1996 but on account of the orders passed in Writ Petition No.3129 of 1996 she lost her job. She filed Complaint (ULP) No.116 of 2001 before the Industrial Court.

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Prior to her approaching the Industrial Court, the petitioner No.2 also had filed Writ Petition No.4197 of 2001 and it was disposed off with liberty to approach the Industrial Court. She lost before the Industrial Court and, therefore, the order passed by the Industrial Court came to be challenged in Writ Petition No.6822 of 2002 and she was unsuccessful. Nine years later the petitioner has approached this Court for a declaration.

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WP-7000-2011

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We are satisfied that at this stage and on account of the intervening orders passed by this Court as well as the Industrial Court, the petition cannot be entertained and the same is rejected summarily.

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(SMT.NISHITA MHATRE, J.) (B. H. MARLAPALLE, J.)

Satara Zilha Nagarparishad Sangharsh Kurti Sammiti, Satara and Ors. v. the Mhaswad Municipal Council and Ors.

Case brief

What is this about?

What the court decided

Satara Zilha Nagarparishad Sangharsh Kurti Sammiti, Satara and Ors. v. the Mhaswad Municipal Council and Ors.

Case brief

What is this about?

What the court decided

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