The Executive Engineer and Anr. v. Dattu Vithoba Durgude
Case brief
What is this about?
The High Court allowed a writ petition in a service dispute regarding entitlement to Credit Regular Temporary Establishment benefits. The court set aside an Industrial Court order because the inquiry focused on the wrong period and held the complaint barred by delay due to lack of immediate protest against the initial conversion order.
What did the court decide?
The Judgment and Order dated 9 August 2004 of the Member, Industrial Court, Nashik are set aside. The Writ Petition is allowed; Rule is made absolute.
What the court decided
6_wp_1924_2005_fc.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.1924 OF 2005
1. The Executive Engineer
2. The Deputy Engineer
...Petitioners
Versus
Dattu Vithoba Durgude
...Respondent
Mr. S.H. Kankal, AGP for the Petitioners.
Mr. Aditya Andhorikar with Mr. Yogesh Birajdar i/b. Mr. S.D.
Dharmadhikari for the Respondent.
CORAM : SANDEEP V. MARNE, J. DATED : 2 MAY 2024.
Issues for consideration
3 issues framed by the court
Whether the Industrial Court committed an error by making an enquiry into duties after April 1990 instead of the five years preceding 21 May 1990.
Whether the complaint filed eight years after the conversion order is barred by delay and estoppel.
Whether the judgment and order of the Industrial Court granting Credit Regular Temporary Establishment status was indefensible.
Parties & counsel
- appellant
EXECUTIVE ENGINEER AND ANO.
- respondent
DATTU VITHOBA DURGUDE
Coram
SANDEEP V. MARNE
Case details
As recorded by the court registry
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