Written petition challenging refusal of employment benefit to a third project affected person dismissed. Court found decision reasonable as two members already accommodated under policy. Extra-ordinary jurisdiction exercised not to interfere.
Writ petition was dismissed with no fundamental liberty granted.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
WRIT PETITION NO. 5454 OF 2016
SANDIP JAGANNATH SONWANE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
Advocate for Petitioners : Mr. Swapnil S. Patil
AGP for Respondents: Mr. S.B. Pulkundwar.
CORAM: R.M. BORDE AND K.K. SONAWANE, JJ. DATED: 14TH SEPTEMBER, 2016.
ORAL ORDER :
Perused the order passed by the Appointing Authority dated 2nd September, 2013. It is noticed that two employees have already been inducted in employment on the basis of nomination issued by the owner of the property in observance of the policy for accommodating the project affected persons in employment. Since already two members have been accommodated under the policy of employing persons from the family of project affected person, the decision taken by the employer thereby refusing to extend the benefit to the third member of
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the family on the basis of the very same acquisition, does not appear to be unreasonable. In exercise of extra-ordinary jurisdiction, we are not inclined to interfere in the matter. There is no substance in the petition. Writ petition as such is dismissed.
grt/-
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1 issue framed by the court
Whether the employer's refusal to extend employment benefit to a third family member of a project affected person constitutes arbitrariness.
SANDIP JAGANNATH SONWANE
THE STATE OF MAHARASHTRA
R.M. Borde
K.K. Sonawane
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
