Court directed the Department to take a decision on a proposal regarding permanent employment of workers within six months, contingent upon acceptance of the proposal which included forgoing back wages.
Direction to take appropriate decision on the proposal within six months.
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.
WP 3604.2003.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO. 3604 OF 2003
TAPI IRRIGATION DEVELOPMENT CORPORATION, JALGAON through Executive Engineer, Waghad Canal Division, Nashik now merged in the Executive Engineer, Upper Godavari Project Division, Nashik.
....Petitioner.....
VERSUS
ULSHA SONU PAWAR age major, Occ. Ex-labour, R/o Bhaltone, Post Kadhare, Taluka Kalwan, Dist. Nashik
....Respondent...
Advocate for Petitioner :Mr.D R Shelke a/w S D Shelke
Advocate for Respondents : Mr. Karne G. J.
CORAM : V.K. JADHAV, J. Dated: November 09, 2017
ORAL JUDGMENT :-
that, in the month of December 2003, the Executive
Engineer, Upper Godavari Prakalpa, Division Nashik-2 had submitted a proposal to the
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WP 3604.2003.odt
2
Superintending Engineer, Nashik Irrigation Project
Mandal in respect of the present respondent and other workers in terms of the provisions of Government Resolution dated 24.4.2001. It has
been also mentioned in the said proposal that, workers as mentioned in the said proposal alongwith present respondent is taken on establishment permanently. They are ready to forgo their back wages and they will also not claim any interest. The learned counsel has submitted copy of
the said proposal and the same is taken on record.
It appears that, by way of said proposal, the Executive Engineer has recommended the proposal
on the ground that the workers mentioned in the
said proposal alongwith present respondent are ready to forgo their claim about back-wages and interest and, therefore, they may be taken on the establishment permanently. It has been also stated
in the said proposal that if, the proposal is accepted,
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3 WP 3604.2003.odt
Writ Petition filed by the Department would be withdrawn.
…
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1 issue framed by the court
Whether the petitioner department should decide on the proposal to confer workmen with permanent status and withdraw the departmental writ petition.
Tapi Irrigation Development Corporation, Jalgaon through Executive Engineer
Ulsha Sonu Pawar
V.K. Jadhav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
