The High Court permitted the petitioner to approach the Industrial Court to decide his claim for general order benefit and Scheduled Caste treatment, instead of deciding the matter itself.
Petitioner permitted to move Industrial Court within two months; matter disposed of.
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 W.P.8161.09
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO. 8161 OF 2009
[Shrirang Martandrao Sandve
Vs.
State of Maharashtra and another]
Office Notes, Office Court’s or Judge’s Orders
Memoranda of Coram,
appearances, Court’s
orders or directions
andRegistrar’s
orders.
Shri G.R.Sayed,Advocate for Petitioner.
Shri K.S.Patil,AGP for Respondent No.1
Shri S.M.Godsay,Advocate for Respondent No.2.
...
CORAM: B.P.DHARMADHIKARI AND
SUNIL P.DESHMUKH, JJ.
DATE : 16.08.2012.
P.C.:
. The petitioner, Artisan Grade-A in
employment of respondent no. 2 Generating
Company claims benefit of General Order
(P)74.
2. In reply, it has been pointed out that
as performance of petitioner in relevant
years was not proper and he has scored 9%,
benefit could not be extended to him.
2 W.P.8161.09
Office Notes, Office Court’s or Judge’s Orders
Memoranda of Coram,
appearances, Court’s
orders or directions
andRegistrar’s
orders.
3. The petitioner is disputing this. Apart
from this, special treatment available to
scheduled Caste is also being pressed into
service.
4. Mr. Godsay, learned counsel for
respondent no. 2 states that this status as
Scheduled Caste employee has came on record
for the first time before this Court.
5. The Petition is pending before this
Court since 2009. Some disputed questions
are involved.
6. We, therefore, permit the petitioner to
move the Industrial Court, Jalna under The
Maharashtra Recognition of Trade Unions and
Prevention of Unfair Labour Practices Act
1971, within two months from today. If such
application is filed, Industrial Court
3 W.P.8161.09
Office Notes, Office Court’s or Judge’s Orders
Memoranda of Coram,
appearances, Court’s
orders or directions
andRegistrar’s
orders.
attempt to decided the same finally within
further period of one year.
7. With these directions and keeping all
contentions open, we dispose of the petition.
No costs.
Sd/- Sd/-
[SUNIL P.DESHMUKH,J.] [B.P.DHARMADHIKARI,J.]
MTK
2 issues framed by the court
Whether petitioner is entitled to general order benefit despite poor performance
Whether petitioner can claim Scheduled Caste special treatment raised for first time
1 provisions across 1 enactments
Shrirang Martandrao Sandve
State of Maharashtra
Generating Company
Sunil P. Deshmukh
B. P. Dharmadhikari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court