The High Court held that a service dispute involving State employment must be adjudicated by the Maharashtra Administrative Tribunal. The petition was transferred to the Tribunal for disposal, with interim relief continuing.
Writ petition transferred to the Maharashtra Administrative Tribunal for disposal; interim relief continues.
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.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
909 WRIT PETITION NO. 3181 OF 2015
SANDIP MOHAN SHERKAR
VERSUS
STATE OF MAHARASHTRA AND OTHERS
Advocate for Petitioners : Mr. Jadhavar Santosh S.
Mr. SK Kadam, AGP for Respondents:1 To 3
CORAM : R. M. BORDE & P.R. BORA, JJ.
Dated: March 08, 2016
PER COURT :-
1)Since the issue relates to employment with the
State, the matter shall have to be dealt with by the
Maharashtra Administrative Tribunal under the provisions of
the Administrative Tribunal's Act.
2)Office is directed to take expeditious steps to
transfer this petition to the Maharashtra Administrative
Tribunal, Aurangabad for disposal in accordance with law.
3)Interim relief granted earlier to remain in
operation until consideration of the matter by the Tribunal.
( P.R. BORA, J. ) ( R. M. BORDE, J. )
BDV
1 issue framed by the court
Whether a service dispute regarding employment with the State falls within the jurisdiction of the High Court under Article 226 or the Administrative Tribunal.
1 provisions across 1 enactments
SANDIP MOHAN SHERKAR
STATE OF MAHARASHTRA
R. M. BORDE
P.R. BORA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court