Allowed

The Conservator of Forests and Ors. v. Smt. Madina Basheer Shaikh

Bombay HC24 Jul 2018CAL/89/2018

Case brief

AI extract

What is this about?

This group appeal challenges an Industrial Court order granting permanency in service to ~100 daily wage forest workers. High Court found no error, confirmed permanency for many more, and disposed of appeals for deceased/expired workers.

What did the court decide?

Permanency granted to all eligible respondents not alreadymade permanent or deceased/expired. Vitthal Bhujbal made permanent. Appeals disposed for others. Civil applications disposed.

The Conservator of Forests and Ors. Vs Smt… — Labour and Industrial Disputes | Bombay HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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LETTERS PATENT APPEAL (ST.) NO.536 OF 2012 IN

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WRIT PETITION NO.2360 OF 2002 WITH

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CIVIL APPLICATION NO.89 OF 2018

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The Conservator of Forests, Pune & Anr. Vs.

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...Appellants

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Smt. Madina Bashir Sheikh ...Respondent

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WITH LETTERS PATENT APPEAL (ST.) NO.17162 OF 2011 WITH

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CIVIL APPLICATION NO.87 OF 2018

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The State of Maharashtra & Ors. ...Appellants Vs.

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Kaluram Raghu Bazare ...Respondent

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WITH LETTERS PATENT APPEAL (ST.) NO.17165 OF 2011 WITH

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CIVIL APPLICATION NO.88 OF 2018

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The Conservator of Forests, Pune & Anr. ...Appellants Vs. Vitthal Baburao Bhujbal ...Respondent

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WITH LETTERS PATENT APPEAL (ST.) NO.17168 OF 2011 WITH

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CIVIL APPLICATION NO.90 OF 2018

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The Conservator of Forests & Anr. ...Appellants Vs. Jayant Purushottam Joshi ...Respondent

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6-lpa group-2

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WITH LETTERS PATENT APPEAL (ST.) NO.17193 OF 2011 WITH

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CIVIL APPLICATION NO.91 OF 2018

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The Conservator of Forests & Anr. Vs.

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Ananda Shyamrao Hargude & Ors.

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...Respondents

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WITH LETTERS PATENT APPEAL (ST.) NO.17197 OF 2011 WITH

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CIVIL APPLICATION NO.92 OF 2018

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The Chief Conservator of Forests & Anr. ...Appellants Vs. Vitthal Dhavaji Dhabhade & Ors. ...Respondents

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WITH LETTERS PATENT APPEAL (ST.) NO.17202 OF 2011 WITH

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CIVIL APPLICATION NO.93 OF 2018

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The State of Maharashtra & Ors. ...Appellants Vs. Dhondiba Ahilu Tathale ...Respondent

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WITH LETTERS PATENT APPEAL (ST.) NO.17206 OF 2011 WITH

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CIVIL APPLICATION NO.94 OF 2018

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The Conservator of Forests, Pune & Anr. ...Appellants Vs. Kailas Digambar Patkar ...Respondents

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WITH LETTERS PATENT APPEAL (ST.) NO.17210 OF 2011 WITH

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CIVIL APPLICATION NO.95 OF 2018

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The Conservator of Forest, Pune & Anr. ...Appellants Vs. Kisan Sitaram Pardhi ...Respondent

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6-lpa group-2

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WITH LETTERS PATENT APPEAL (ST.) NO.17215 OF 2011 WITH CIVIL APPLICATION NO.96 OF 2018

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The Conservator of Forests, Pune ...Appellant Vs.

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Shri Tanaji Dinkar Gorde

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...Respondent

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WITH LETTERS PATENT APPEAL (ST.) NO.17852 OF 2011 WITH

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CIVIL APPLICATION NO.97 OF 2018

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The Conservator of Forests, Pune & Anr. ...Appellants Vs. Shri. Khandu Deoram Bhujbal ...Respondent

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WITH

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LETTERS PATENT APPEAL (ST.) NO.18124 OF 2011 WITH CIVIL APPLICATION NO.98 OF 2018

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The Conservator of Forest, Pune & Anr. ...Appellants Vs.

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Balkrishna Shankarrao Rajgurav ...Respondent

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WITH LETTERS PATENT APPEAL (ST.) NO.30347 OF 2011 WITH

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CIVIL APPLICATION NO.100 OF 2018

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The Conservator of Forest & Anr. ...Appellants Vs. Genbhau Appaji Lande ...Respondent

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WITH LETTES PATENT APPEAL (ST.) NO.30450 OF 2011 WITH

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CIVIL APPLICATION NO.101 OF 2018

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The Conservator of Forest, Pune & Anr. ...Appellants Vs. Vitthal Sitaram Bhor ...Respondent

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6-lpa group-2

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WITH LETTERS PATENT APPEAL (ST.) NO.30454 OF 2011 WITH

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CIVIL APPLICATION NO.102 OF 2018

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The Conservator of Forests, Pune & Ors. ...Appellants Vs. Shri Popat Mahadu Kotwal ...Respondent

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WITH LETTERS PATENT APPEAL (ST.) NO.31826 OF 2011 WITH

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CIVIL APPLICATION NO.103 OF 2018

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The Conservator of Forests, Pune ...Appellant Vs. Shri Haribhau Namdeo Kute ...Respondent

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WITH LETTERS PATENT APPEAL (ST.) NO.31832 OF 2011 WITH

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CIVIL APPLICATION NO.104 OF 2018

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The Conservator of Forests ...Appellant Vs. Smt.Parvati Sitaram Dhumal ...Respondent

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WITH LETTERS PATENT APPEAL (ST.) NO.31841 OF 2011 WITH

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CIVIL APPLICATION NO.105 OF 2018

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The Conservator of Forests ...Appellant Vs. Shri. Rajaram Bhagwant Khandve ...Respondents

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WITH LETTERS PATENT APPEAL (ST.) NO.31855 OF 2011 WITH

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CIVIL APPLICATION NO.106 OF 2018

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The Conservator of Forests, Pune & Anr. ...Appellants Vs. Shri. Raghunath Ganpat Shelar ...Respondent

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6-lpa group-2

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WITH LETTERS PATENT APPEAL (ST.) NO.31914 OF 2011 WITH CIVIL APPLICATION NO.109 OF 2018

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The Deputy Conservator of Forests ...Appellant Vs. Smt. Rukmini K. Kadam ...Respondent

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WITH LETTERS PATENT APPEAL (ST.) NO.32024 OF 2011 WITH

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CIVIL APPLICATION NO.110 OF 2018

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The Conservator of Forests & Anr. ...Appellants Vs. Shri. Vitthal Manjaji Bheke ...Respondent

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WITH LETTERS PATENT APPEAL (ST.) NO.32028 OF 2011 WITH CIVIL APPLICATION NO.111 OF 2018

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The Conservator of Forests, Pune & Anr. ...Appellants Vs.

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Shri. Balu Khandu Waman ...Respondent

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WITH LETTERS PATENT APPEAL (ST.) NO.32344 OF 2011 WITH

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CIVIL APPLICATION NO.112 OF 2018

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The Conservator of Forests, Pune ...Appellant Vs. Shri. Tukaram Nivrutti Sawant ...Respondent

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WITH LETTERS PATENT APPEAL (ST.) NO.32353 OF 2011 WITH

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CIVIL APPLICATION NO.113 OF 2018

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The Conservator of Forests, Pune ...Appellant Vs. Shri. Suresh Sitaram Ovhal ...Respondent

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6-lpa group-2

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WITH LETTERS PATENT APPEAL (ST.) NO.32547 OF 2011 WITH

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CIVIL APPLICATION NO.114 OF 2018

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The Conservator of Forests, Pune & Anr. ...Appellants Vs.

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Shri. Baban Sadashiv Borkar ...Respondent

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WITH LETTERS PATENT APPEAL (ST.) NO.32624 OF 2011 WITH

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CIVIL APPLICATION NO.115 OF 2018

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The Conservator of Forests & Anr. ...Appellants Vs. Shri. Ankush Daulatrao Shitole ...Respondent

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WITH LETTERS PATENT APPEAL (ST.) NO.32632 OF 2011 WITH CIVIL APPLICATION NO.116 OF 2018

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The Conservator of Forests & Anr. ...Appellants Vs.

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Smt. Sindhubai Natthuji Dhumal ...Respondent

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WITH LETTERS PATENT APPEAL (ST.) NO.32638 OF 2011 WITH

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CIVIL APPLICATION NO.117 OF 2018

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The Conservator of Forests & Anr. ...Appellants Vs. Shri. Madhukar Dagadu Balsaraf ...Respondent

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WITH LETTERS PATENT APPEAL (ST.) NO.32643 OF 2011 WITH

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CIVIL APPLICATION NO.118 OF 2018

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The Conservator of Forests & Anr. ...Appellants Vs. Shri. Vishwas Sitaram Shinde ...Respondent

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6-lpa group-2

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WITH LETTERS PATENT APPEAL (ST.) NO.31907 OF 2011 WITH

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CIVIL APPLICATION NO.108 OF 2018

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The Deputy Conservator of Forests ...Appellant Vs. Smt. Phulabai Baban Lande ...Respondent

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WITH LETTERS PATENT APPEAL (ST.) NO.31901 OF 2011 WITH CIVIL APPLICATION NO.107 OF 2018

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The Conservator of Forests, Pune ...Appellant Vs. Shri. Mahadu Kundlik Tambde ...Respondent

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WITH LETTERS PATENT APPEAL (ST.) NO.23297 OF 2011 (NOB TOB) WITH CIVIL APPLICATION (ST.) NO.23298 OF 2018 (NOB TOB)

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The Conservator of Forests, Pune ...Appellant Vs. Smt. Indubai Narayan Chavan ...Respondent

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Mr.A.B. Vagyani, GP, with Mr.P.P. More, AAGP, for Applicant. Mr.Onkar Warange for Respondents in LPA(St.) No.536/12, LPA(St.) No.30450/11, LPA(St.) No.17165/11, LPA(St.) No.32344/11 & LPA(St.) No.32624/11.

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CORAM	: NARESH H. PATIL AND
	G.S. KULKARNI, JJ.
DATE	: 24^thJULY 2018

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P.C.:

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This group of Letters Patent Appeals arise out of the judgments

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and orders passed by the Industrial Court and the learned Single Judge

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8 6-lpa group-2

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of this Court. The respondents/complainants had approached the Industrial Court claiming permanency in service. According to the respondents, they were working on daily wages and in that capacity, they continued to be in service for a period about 12 to 20 years. The complaints were filed in the Industrial Court under item Nos.5, 6, 9 and 10 of Schedule IV of the Maharashtra Trade Union and Prevention of Unfair Labour Practices Act 1971. According to the respondents, they had put in 240 days of service of the preceding year of filing of the complaints. The Industrial Court allowed the complaints and directed the appellants herein to grant the status of permanency and all the consequential benefits from the date of filing the complaint.

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The appellants questioned the judgment of the Industrial Court before the learned Single Judge by filing writ petitions. The writ petitions came to be dismissed by the learned Single Judge.

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The Government Pleader has placed a statement showing details in respect of 16 cases where the employees were made permanent. The permanency relates to the respondents in Letters Patent Appeal (St.)No.17193 of 2011, Letters Patent Appeal (St.)No.17206 of 2011, Letters Patent Appeal (St.)No.32632 of 2011, Letters Patent Appeal (St.)No.17202 of 2011, Letters Patent Appeal (St.)No.31901 of 2011, Letters Patent Appeal (St.)No.31832 of 2011, Letters Patent Appeal

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9 6-lpa group-2

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(St.)No.32024 of 2011, Letters Patent Appeal (St.)No.17215 of 2011, Letters Patent Appeal (St.)No.31841 of 2011, Letters Patent Appeal (St.)No.17210 of 2011, Letters Patent Appeal (St.)No.32643 of 2011, Letters Patent Appeal (St.)No.17852 of 2011, Letters Patent Appeal (St.)No.32028 of 2011, Letters Patent Appeal (St.)No.30454 of 2011.

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Details in respect of the status of the employment in respect of the respondents in the Letters Patent Appeals are as under:-

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Sr.	Name of Respondent	Letters Patent	Remark
No.		Appeal (St.)No.
1	Balkrishna Shankarrao Rajgurav	18124 of 2011	He was made permanent.
2	Vitthal Baburao Bhujbal	17165 of 2011	He was not made permanent. He is still working.
3	Shri Jayant Purushottam Joshi	17168 of 2011	Expired. He was not made permanent.
4	Shri Vitthal Sitaram Bhor	30450 of 2011	He was made permanent. He has retired already.
5	Shri Genbhau Appaji Lande	30347 of 2011	He was not made permanent. He expired on 2^nd August 2005.
6	Shri Vitthal Dhavaji Dabhade	17197 of 2011	He was not made permanent. He left the work.

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	10		6-lp	a group-2
7	Sakharam Soma Dabhade	17197 of 2011	He was made perm and left work.	not anent the
8	Ramdas Sakharam Vare	17197 of 2011	He was made perm and left work.	not anent the
9	Ganpat Sonu Kedar	17197 of 2011	He was permanent	made .
10	Kaluram Raghu Bazare	17162 of 2011	He was n work. H the work.	ot on e left
11	Madhukar Dagadu Balsaraf	32638 of 2011	He was made permanent is still wo (He will benefit.)	not . He rking. get
12	Haribhau Namdeo Kute	31826 of 2011	He was n work.	ot on
13	Smt.Indubai Narayan Chavan	23297 of 2011	He was permanent	made .
14	Smt.Rukmini Khandu Kadam	31914 of 2011	She was permanent expired retirement.	made . She after
15	Smt.Phulabai Baban Lande	31907 of 2011	She was permanent expired retirement.	made . She after
16	Shri Suresh Sitaram Ovhal	32353 of 2011	He was permanent is still work	made . He ing.
17	Shri Raghunath Ganpat Shelar	31855 of 2011	He was permanent is still work	made . He ing.
18	Shri Baban Sadashiv Borkar	32547 of 2011	He was permanent is still work	made . He ing.

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11			6-lpa	group-2
19 Shri Tukaram Nivrutti Sawant	32344 of 2011	He made perm	was anent.	not
20 Shri Ankush Daulatrao Shitole	32624 of 2011	He made perm is stil	was anent. l worki	not He ng.
21 Smt.Madina Basheer Shaikh	536 of 2012	She made perm is stil	was anent. l worki	not She ng.

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We have perused the record placed before us and the impugned judgments and orders. We have considered the submissions advanced. We do not find any error or perversity in the view adopted by the Industrial Court and the learned Single Judge.

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According to the information provided by the State along with the remarks in respect of the status of the employees as of now, we have incorporated the same in this order.

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After perusing the record placed before us and considering the submissions advanced, we find that Shri Vitthal Baburao Bhujbal, respondent in Letters Patent Appeal (St.) No.17165 of 2011, is still working. It would be appropriate in view of the order passed, to direct the appellants to take necessary steps for compliance of the order impugned herein.

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6-lpa group-2

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It is submitted that Shri Jayant Purushottam Joshi, respondent in Letters Patent Appeal (St.) No.17168 of 2011, expired on 17^th December 2013. The learned Government Pleader submitted that Jayant Joshi was not made permanent. His legal representatives could not be traced out and copies could not be served. We clarify that the legal representatives of the deceased would be entitled to claim monetary benefits. Letters Patent Appeal (St.) No.17168 of 2011 stands disposed of with above said directions.

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Legal representatives of Shri Genbhau Appaji Lande, respondent in Letters Patent Appeal (St.) No.30347 of 2011, are entitled to claim monetary benefits.

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We hereby confirm the order in respect of Shri Vitthal Dhavaji Dabhade, respondent in Letters Patent Appeal (St.) No.17197 of 2011, who was not made permanent.

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We accordingly dispose of the letters patent appeals.

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In view of disposal of letters patent appeals, nothing survives in

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the civil applications. Civil Applications dispose of accordingly.

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[G.S. KULKARNI, J.] [NARESH H. PATIL, J.]

The Conservator of Forests and Ors. v. Smt. Madina Basheer Shaikh

Case brief

What is this about?

What did the court decide?

The Conservator of Forests and Ors. v. Smt. Madina Basheer Shaikh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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