0605wp2709.16.odt 1/2
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO. 2709 OF 2016
(The Chairman of the Committee, the Collector, Nagpur & others Vs. Smt. Anuradha Damodhar Naik & another)
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - -
Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Shri S. S. Ghate, Advocate for the petitioners.
CORAM : S. B. SHUKRE, J.
DATED : 06 MAY, 2016 ig Issue notice for final disposal of the matter at admission stage to the respondents, returnable in July, 2016.
Shri V. D. Raut, learned Counsel waives service for respondent No.2.
Learned Counsel for the petitioners submits that the first impugned order dated 11/4/2016 proceeds on a wrong footing that on the date on which the complaint was filed, the respondent, being an employee, had been reverted to a post falling in the category of a workman. He further submits that the position was actually otherwise as the dismissal order was very much in force and the reversion order that was passed on the mercy appeal filed by the respondent was a conditional order. He submits that the conditions of the said order were never fulfilled by ::: Uploaded on - 07/05/2016 ::: Downloaded on - 30/07/2016 01:09:14 ::: 0605wp2709.16.odt 2/2 the respondent and so the respondent continued to possess the status of a dismissed Branch Manager and not an employee reverted to the position of clerk. He further submits that the second impugned order dated 25/4/2016 also does not deal with this material aspect of the case and mechanically confirms the order of the Labour Court taking the ground that the matter is now made time bound.
ig Upon going through the record of the case including the impugned orders as well as the reversion order, I find that there is prima facie substance in the argument so canvassed before me by the learned Counsel for the petitioners.
Having regard to the aforesaid submissions and also the submission that the time stipulated for disposal of the complaint has already expired on 02/5/2016 and, to the knowledge of the petitioner, no request for further extension has been made by the learned Presiding Officer, there shall be ex-parte ad-interim stay in terms of prayer Clause-(ii), till the next date.
JUDGE wwl ::: Uploaded on - 07/05/2016 ::: Downloaded on - 30/07/2016 01:09:14 :::