The High Court held that it cannot grant regularization of service or arrears of wages via writ jurisdiction as it involves factual inquiry. It directed the petitioner to approach appropriate labour authorities.
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.
(32) WP 2481-17.doc
Amk
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 2481 OF 2017
Sudhir Chandrakant Gawde .. Petitioner Vs. The Chairman/C.E.O. State Bank of India & Anr. .. Respondents
Mr. Saha Joydeb for the Petitioner. Mr. Neel G. Helekar for the Respondent No.1.
CORAM : R. M. SAVANT & K. K. SONAWANE, JJ. DATE : 28th AUGUST, 2018.
P. C. :
The further relief sought is that the Respondents be directed to pay the arrears of wages to the Petitioner from the date of his employment till date as if he was employed in the post of Peon-cum-Lunch Room Attendant from the year 1998 as a permanent employee. The learned Counsel for the Petitioner informs us that after the filing of the Petition, the Petitioner's services have been terminated/discontinued from 04.10.2017.
as also considering the fact that the Petitioner has been terminated from
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(32) WP 2481-17.doc
the post of Peon-cum-Lunch Room Attendant as claimed by the Petitioner, we are of the view that the consideration of the said relief would entail inquiry into the facts which cannot be done in the writ jurisdiction of this Court under Article 226 of the Constitution of India.
[K. K. SONAWANE, J.] [R. M. SAVANT, J.]
Digitally signed Arjun by ArjunMachhindra Machhindra Kadam Kadam Date: 2018.08.29 12:02:50 +0530
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2 issues framed by the court
Whether this Court can direct regularization of service and payment of arrears of wages in a writ petition when it entails inquiry into facts.
Whether the petitioner should invoke appropriate remedy under relevant labour legislation instead of writ jurisdiction.
1 provisions across 1 enactments
Sudhir Chandrakant Gawde
The Chairman/C.E.O. State Bank of India
Anr.
R. M. Savant
K. K. Sonawane
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
