The High Court at Bombay dismissed a Civil Application seeking restoration of a writ petition deemed infructuous. The application was defective as no facts were pleaded to show any issue survived after the predecessors had accepted the lower orders regarding worker absorption.
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.
Digitally signed by PRASHANT PRASHANT VILAS VILAS RANE RANE Date: 2021.10.02 19:00:51 +0530
8-CAW-1156-2011.docx
Pdp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISIDICTION CIVIL APPLICATION NO. 1156 OF 2011 IN WRIT PETITION NO. 4377 OF 1994
Superintending Agricultural Officer Nashik Division, Nashik & Ors.
.. Applicants/ Org. Petitioners
Versus
Sham Wamanrao Gaikwad & Ors.
.. Respondents
Ms. M. S. Bane, AGP for applicants/org. petitioners.
Ms. Seema Sarnaik for respondent nos.2, 3, 4, 6, 8, 12, 20, 22, 24, 27, 41, 48, 63, 66, 67, 77, 78, 101, 102, 106, 107, 110, 111, 112, 113, 115, 132, 141, 153, 155, 159, 163, 164 & 167.
Mr. Pramod N. Joshi for respondent nos.5, 10, 11, 13, 15, 18, 19, 21, 23, 26, 33, 34, 35, 43, 37, 49, 95, 114, 123, 125, 128, 150 & 158.
C0RAM: G. S. KULKARNI, J.
DATE: SEPTEMBER 29, 2021
PC :
2011 seeking restoration of the Writ Petition No. 4377 of
1994, which came to be dismissed by the following order passed on February 2, 2011: -
“ It appears that the petition has become infructuous after the passage of time and is therefore dismissed as such.
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8-CAW-1156-2011.docx
However, if anything survives in the petition, the petitioner is at liberty to move the Court after giving notice to the respondents. The petitioner must also show that the dispute still survives if it wants to have the petition restored.”
There is also a prayer for condonation of delay, however, there is a blank in the prayer in as much as the period of delay has not been set out. The application, therefore, itself is defective on the prayer made in regard to the condonation of delay.
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reflected from the order dated August 3, 1993 passed by the Industrial Court, Nashik, on the Revision Application(s), which were filed by the petitioners assailing the order passed by the Labour Court, Nashik dated July 31, 1992. In paragraph 8 of the said order, the Industrial court has categorically observed that during the pendency of the revision applications, an application was made on behalf of the revision petitioners at Exh.C-5 requesting to stay the operation of the order of the Labour Court dated July 31, 1992. It was mentioned that out of 176 employees, 146 have been absorbed in Government service. Out of these 146, 126 persons were given appointments in view of Government Resolution dated January 1, 1992 and that too prior to the judgment dated July 31, 1992 passed by the Labour Court. It was also recorded
that remaining 20 persons have been employed in view of Circular dated January 1, 1992 and they accepted the conditions of service as imposed.
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also the said order was passed in the presence of the petitioners. They submit that there is nothing on record to show that the impugned orders passed by the Labour Court and as confirmed by the Industrial Court were not acted upon and, in fact, have been accepted and implemented qua the absorption of the concerned workers, hence, nothing had remained to be adjudicated on writ petition.
(G. S. KULKARNI, J.)
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1 issue framed by the court
Whether the Civil Application seeking restoration of a dismissed writ petition can be sustained when no averment is made that any dispute survives in the petition.
Superintending Agricultural Officer Nashik Division Nashik
Sham Wamanrao Gaikwad
G. S. KULKARNI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court