Bombay High Court
Sou. Sumanbai Shinde vs Secretary, Agriculture & ... on 5 October, 2015
Bench: Ravi K. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 2027 OF 2009
1] Sou. Sumanbai Shinde,
aged about 35 years,
2] Sou. Kalawatibai Mankar,
aged about 45 yeears,
3] Sou. Tulsabai Mankar,
aged about 48 years,
4] Sou. Kamlabai Khedkar,
aged about 50 years,
5] Smt. Leelabai Belonkar,
aged about 48 years,
6] Smt. Shantabai Dhawde,
aged 58 years,
7] Smt. Nirmala Vionayakrao Bonde,
aged about 50 years,
8] Smt. Durbagai Indurkar,
aged about 50 years,
All resident of Amravati,
Tq. And Distt. Amravati. PETITIONERS
...VERSUS...
1] Secretary,
Agriculture and Horticulture Deptt.,
Maharashtra State,
Mantralaya, Mumbai.
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2] Agriculture Deputy Director,
Samra Complex, Jayastham Chowk,
Amravati.
3] Superintending Horticulture Officer,
Jawade Building, Near S.T.Stand,
Maltekdi Road, Amravati.
4] Horticulture Officer,
Taluka Fruits Nursery Plants,
Visawa Colony, Behind
Commissioner Bungalow, Amravati. RESPONDENTS
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Shri N.R.Saboo, counsel for Petitioners.
Shri K.L.Dharmadhikari, AGP for Respondents
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CORAM: R. K. DESHPANDE, J.
th
DATE : 5 OCTOBER, 2015 .
ORAL JUDGMENT
1] The Industrial Court has dismissed Complaint
(ULP) No. 369 of 1991 on 26.11.2008, claiming permanency
in the employment by dailywagers. The Industrial Court has
held that the complainants have failed to establish that they
have continuously worked for 240 days during the period
1985 to 1992. The Court further proceeded to hold that even
if it is assumed that the complainants have established 240
days continuous service in each preceding year, that by itself
is not enough to grant the complainants permanency in
service in the absence of sanctioned posts. The Court has
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held that admittedly in the present case, the complainants
have not placed on record any material to show that there
were any vacant or sanctioned posts in the fruits nursery run
by the Horticulture Department. There is no challenge to this
finding. In view of this, no fault can be found with the view
taken by the Industrial Court. The writ petition is dismissed.
2] The learned counsel Shri Saboo appearing for
the complainants submits that under subsequent
Government Resolution dated 31.01.1996, the persons who
have completed 5 years continuous service were held
entitled to permanency in service. The present complaint
was filed on 21.07.1991 when the Government Resolution
dated 31.01.1996 was not in existence. If the complainants
are entitled to regularization on the basis of such
Government Resolution, it will be open for the complainants
to agitate such grievance in appropriate proceedings and the
judgment and order impugned shall not come in the way of
the employees.
JUDGE
Rvjalit
