Bombay High Court
Shri Babarao S/O Daduji Chahande vs The Senior Regional Manager, Food ... on 1 April, 2016
Bench: Prasanna B. Varale
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 683 OF 2015
Shri Babarao Daduji Chahande,
aged 45 years, Occupation Nil,
R/o. Post Ajni (Mothi), Wardha,
District Wardha. ... PETITIONER
VERSUS
1. The Senior Regional Manager,
Food Corporation of India
(Maharashtra Region), 5th Floor,
Rajendra Nagar, Dattapada Road,
Birivali (E), Mumbai - 400 066.
2. The District Manager,
Food Corporation of India,
Ajni, Nagpur - 440 015. ... RESPONDENTS
....
Shri V.S. Kukday, Advocate for the petitioner.
Shri S.R. Deshpande, Advocate for the respondents.
....
WRIT PETITION NO. 685 OF 2015
Shri Suresh Akduji Ramteke,
aged 45 years, Occupation Nil,
R/o. Gadge Nagar, Narsala,
Wardha, District Wardha. ... PETITIONER
VERSUS
1. The Senior Regional Manager,
Food Corporation of India
(Maharashtra Region), 5th Floor,
Rajendra Nagar, Dattapada Road,
Birivali (E), Mumbai - 400 066.
2. The District Manager,
Food Corporation of India,
Ajni, Nagpur - 440 015. ... RESPONDENTS
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....
Shri V.S. Kukday, Advocate for the petitioner.
Shri S.R. Deshpande, Advocate for the respondents.
....
CORAM : PRASANNA.B.VARALE, J.
DATED : 01ST APRIL, 2016.
ORAL JUDGMENT :
Rule. Rule is made returnable forthwith. Heard finally with the
consent of the learned Counsel for the parties.
2. By way of present petitions, the petitioners challenge the award
dated 29.11.2013 passed by the learned Presiding Officer, Central
Government Industrial Tribunal in case Nos. CGIT/NGP/263/2003 (in WP
No. 683 of 2015) and CGIT/NGP/277/ 2003 (in WP No. 684 of 2015)
respectively.
3. Shri Kukday, the learned Counsel for the petitioners submits
that the issue involved in the present petitions is an identical issue
involved in a bunch of petitions namely Writ Petition No. 1986 of 2014 and
other connected petitions. The learned Counsel for the petitioners, by
inviting my attention to the order passed by this Court in Writ Petition No.
1986 of 2014 and other connected petitions, submits that this Court found
that the learned Tribunal erred in appreciating the facts of the matter in
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proper perspective and held that the order impugned in the petition is
unsustainable. This Court passed the order thereby setting aside the order
impugned in the petition and remitted the matter back to the Central
Government Industrial Tribunal for decision afresh.
4. Considering the fact that the matters are pretty old, this Court
directed the learned Central Government Industrial Tribunal to dispose of
the matters as expeditiously as possible and directed the petitioner and the
representatives/Advocates of the respondents to appear before the Central
Government Industrial Tribunal on a particular date. Shri Kukday, the
learned Counsel for the petitioners submits that in Writ Petition No. 4446
of 2014, a similar view is adopted by this Court. Shri Kukday, the learned
Counsel for the petitioners submits that in Writ Petition No. 4446 of 2014, a
similar view is adopted by this Court.
5. Shri Deshpande, the learned Counsel for the respondents fairly
submits that this Court had an occasion to consider the issue in Writ
Petition No. 1986 of 2014 and connected petitions and Writ Petition No.
4446 of 2014.
6. In view of the aforesaid facts, the present petitions are disposed
of in terms of the order passed by this Court in Writ Petition No. 1986 of
2014 and connected petitions and Writ Petition No. 4446 of 2014. Hence,
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for the same reasons, the present petitions are allowed and the following
order is passed.
(i) The orders passed by the Central Government
Industrial Tribunal, Nagpur which are challenged in
both these petitions, are set aside.
(ii) The matters are remitted to the Central Government
Industrial Tribunal, Nagpur for deciding the reference,
afresh.
(iii) The learned Advocates for the respective parties
submit that as the matters are being remanded, the
parties may be granted an opportunity to amend the
pleadings, produce documents and lead evidence, if
required. The submission made on behalf of the
petitioners and the respondents is accepted. The
Central Government Industrial Tribunal, Nagpur shall
grant an opportunity to the parties, if requested,
accordingly.
(iv) As the matters are very old, the Central Government
Industrial Tribunal, Nagpur is directed to dispose of
the matters expeditiously.
(v) The petitioners and the representatives/Advocates of
the respondent shall appear before the Central
Government Industrial Tribunal, Nagpur on 07th April,
2016.
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7. Rule is accordingly made absolute in the aforesaid terms.
It is clarified that the issues raised in the matters on merits, are
not considered and they are left open for consideration by the Central
Government Industrial Tribunal, Nagpur.
JUDGE
*rrg.
