The petitioner, a hostel manager, challenged an order reinstating an employee. Relying on a prior order onPending Writ Petition No.1336, which modified back wages, and noting the employee was likely past 60 years of age, the court held reinstatement impossible. The petition was dismissed.
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.
1 2997-92-WP.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO.2997 OF 1992
The Manager, John Wilson Education Society’s Douglas Girls Hostel, Now Nashik Diocesan Council, through Miss. Indumati d/o. Manohar Ohol, aged 51 years, occ. Service as Assistant Teacher at Douglas Girls High School and in-charge Manager, Douglas Girls Hostel, Jalna.
..Petitioner
Vs
..Respondents
2 2997-92-WP.odt
None present for petitioner.
Mr.H.A.Joshi, advocate for respondent no.1.
Mr.P.P.More, AGP for respondent – State.
CORAM : R.M.BORDE, J. DATE : MAY 4, 2012
ORAL JUDGMENT :
This petition was called out yesterday and at the request of petitioner, the same is kept for hearing today. Today, none appears for the petitioner. Mr.H.A.Joshi, learned counsel appearing for respondent no.1 has brought to my notice order passed in Writ Petition No.1336 of 1993 wherein, the judgment and award passed by the Presiding Officer, Labour Court, Aurangabad dated 1st September, 1992 was subjected to challenge at the instance of the employee – respondent no.1 herein, to the extent of denial of back wages. This Court, on consideration of Writ Petition, held that the employee - respondent no.1 herein is entitled to receive 50 % of the back wages.
3 2997-92-WP.odt
2] In view of the decision rendered by this Court in Writ Petition No.1336 of 1993 after hearing both the parties, the order passed by the Labour Court merges into the order passed by this Court in said Writ Petition. Apart from this, on perusal of paragraph 5 of that judgment, it appears that respondent no.1 herein – employee was employed in Saint Mary School, Jalna during pendency of Reference Application. While entertaining Writ Petition No.1336 of 1993, this Court granted stay in respect of order of reinstatement of employee.
3] Instant Writ Petition was presented in the year 1992 and the age of employee – respondent no.2, as appearing from the petition, at the relevant time, was 41 years. In all probabilities, the employee must have crossed 60 years of age and, as such, no reinstatement is possible in accordance with the order passed by the Presiding Officer, Labour Court, Aurangabad.
4] Writ Petition does not deserve any favourable consideration. Writ Petition stands dismissed. Rule discharged. No costs.
[ R.M.BORDE, J. ]
kbp/
1 issue framed by the court
Whether the writ petition seeking reversal of the Labour Court order deserves favourable consideration given the employee's likely superannuation age.
Colour shows how this judgement treated each authority
Writ Petition No.1336 of 1993Referred¶17
The Manager, John Wilson Education Society's Douglas Girls Hostel, Now Nashik Diocesan Council; Miss Indumati
Smt. Dhanika Uttamrao Patole
The State of Maharashtra
R.M. Borde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court