The suit against the court's order directing the State to make four employees permanent was dismissed as all four employees had either died, retired, or were already on converted regular temporary establishment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
wp220392.odt
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO.2203 OF 1992
1 The State of Maharashtra, Irrigation Department, Mantralaya, Bombay-32, through Secretary. 2 Ahmednagar Irrigation Division, Ahmednagar, through Executive Engineer. 3 Akole Irrigation Sub Division, Sangamner, Ghulewadi, Dist.Ahmednagar, through Dy. Engineer. Petitioners Versus 1 Ahmednagar Zilla Raste Imarati Va Patbhandhare Kamgar Union, `Shramik', Tilak Road, Ahmednagar. 2 The Member, Industrial Court, Ahmednagar. Respondents Mr.P.P.More, A.G.P. for the petitioners. Mr.S.K.Shelke, advocate for Respondent No.1. Respondent No.2 served.
CORAM : R.M.BORDE, J. DATE : 02nd May, 2012.
ORAL JUDGMENT:
1 The petitioner-State is taking exception to the order passed by the Industrial Court, Ahmednagar, dated 23.01.1991, whereby it was
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wp220392.odt
directed to make four employees permanent in Class-IV cadre with effect from 31.08.1987 i.e. from the date of filing of the Complaint. The petitioner-State is also directed to give benefits of permanency to these employees.
2 At the time of presentation of the petition, this Court did not grant stay to the order impugned in the petition. As such, all the four employees continued in employment.
3 Shri More, learned A.G.P. appearing for the petitioners, on instructions from Mr.Bhaskar Babarao Najan, Sub Divisional Officer, Irrigation Sub-Division, Sangamner, who is present in the Court, states that out of the four employees, one Ashok Parasram Kusmode is already dead, whereas, Tukaram Mengal is retired on attaining age of superannuation. Other two employees, namely Kumar Devrao Ghabole and Kamlakar Bobade are taken on converted regular temporary establishment (CRTE) and they are receiving the benefits accruable to them.
4 In this view of the matter, nothing survives for consideration in the petition. Writ Petition stands dismissed. Rule discharged. No costs.
R.M.BORDE
JUDGE
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The State of Maharashtra, Irrigation Department, Mantralaya, Bombay-32, through Secretary
Ahmednagar Irrigation Division, Ahmednagar, through Executive Engineer
Akole Irrigation Sub Division, Sangamner, Ghulewadi, Dist.Ahmednagar, through Dy. Engineer
Ahmednagar Zilla Raste Imarati Va Patbhandhare Kamgar Union, `Shramik', Tilak Road, Ahmednagar
The Member, Industrial Court, Ahmednagar
R.M.BORDE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
