The High Court held that the Respondent must examine the Labour Court judgment regarding the petitioner's termination and charges on misappropriation before permitting recovery.
Petitioner permitted to file a representation within four weeks; recovery stayed during interim.
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.
Order
0302wp660.21
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 660/2021.
Smt. Bindu Ratnadip Bansod. ... Petitioner. - VERSUS- 1.The Zilla Parishad, Bhandara and another. … Respondents.
Shri V.B. Gawali, Advocate for the Petitioner.
CORAM : NITIN JAMDAR AND ANIL S. KILOR, JJ. DATE : 3 FEBRUARY 2021.
P.C.
Heard learned Counsel for the Petitioner.
Order
0302wp660.21
2
2016, the Chief Executive Officer, Zilla Parishad, Bhandara after observing that the Petitioner has misappropriated the amount, directed that the Petitioner is liable to pay the amount of Rs.18,078/-. The Petitioner was also terminated from service.
Order
0302wp660.21
3
copy of the orders passed by the Labour Court highlighting the portions which are in her favour, so that the Respondent No.2 has an opportunity to examine the judgment of the Labour Court and then decide whether a stand can be taken that the recovery is still permissible.
(ANIL S. KILOR, J)
Rgd
Digitally signed Rakesh by RakeshDhuriya Date: Dhuriya 2021.02.05 10:19:38 +0530
3 issues framed by the court
Whether a departmental authority can enforce recovery while a Labour Court is seized of the tenure and charges.
Whether a Respondent authority was required to examine the Labour Court judgment before deciding on recovery.
Whether recovery should be stayed pending a representation filed by the Petitioner.
1 provisions across 1 enactments
Smt. Bindu Ratnadip Bansod
The Zilla Parishad, Bhandara
Respondent no.2
Nitin Jamdar
Anil S. Kilor
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
