Bombay High Court
State Of Maharashtra & Others vs Baban Sakharam Wagh & Others on 18 August, 2016
Bench: R.V. Ghuge
*1* 901.wp.5493.95
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.5493 OF 1995
1 The State of Maharashtra.
Through Secretary,
Irrigation Department,
Mantralaya, Bombay.
2 The Administrator,
Commander, Command Area
Development Authority,
Ahmednagar.
3 The Executive Engineer,
Mula Irrigation Division,
Ahmednagar.
...PETITIONERS
-VERSUS-
1 Baban Sakharam Wagh,
Waghwadi Jeur, Ahmednagar.
2 The learned Member,
Industrial Court, Ahmednagar.
...RESPONDENTS
...
Shri P.N.Kutti, AGP, for the Petitioners/ State.
None for the Respondent.
...
CORAM: RAVINDRA V. GHUGE, J.
DATE :- 18th August, 2016
Oral Judgment :
1 Respondent No.2 is not a necessary party and hence, deleted.
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2 The Petitioners are aggrieved by the judgment and order
dated 29.12.1994 delivered by the Industrial Court by which a group of
ULP complaints have been allowed and the original Complainants, which
also includes the Respondent/ Employee herein, have been granted
regularization and benefits incidental thereto.
3 While admitting this petition, this Court (Coram :
B.H.Marlapalle, J.) has passed the following order on 19.02.1998 :-
"This is a group of petitions filed either by the
State Government Departments or by the employees
aggrieved by the orders passed against them
regarding termination, discontinuation, refusal to
grant permanency benefits and so on. The employees
involved in all these petitions were working as
Muster Assistants under the Employment Guarantee
Scheme, admittedly.
The Government of Maharashtra has
announced a scheme for the absorption/
regularization of services of Muster Assistants on
01.12.1995 and the said scheme has been approved
by the Supreme Court by it's order dated
02.12.1996 in Civil Appeal No.25339 of 1996. A
copy of the said scheme and the order passed by the
Supreme Court are brought on record by the learned
Assistant Government Pleader. There is also no
dispute that most of the employees in these petitions
are presently out of employment.
Rule. Expedited.
For considering interim relief, it is directed
that the respective State Government Departments/
authorities, who are parties in this group of
petitions should examine the cases of the employees
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who are either petitioners or respondents in these
petitions and who are presently out of employment
so as to grant them benefits of the scheme
announced on 01.12.1995 and in case any of such
employees are found to be eligible for the benefits of
the scheme, a report to that effect be submitted to
this Court by the respective authorities. This exercise
should be completed by the State authorities in each
case within a period of three months from today.
Stand over to 17th of June, 1998.
Liberty granted."
Notwithstanding the above, this Court by it's order dated
19.02.1998, upon considering the earlier order passed by this Court
(Coram : A.D.Mane, J.) dated 07.12.1995, took into account the fact that
the Government had introduced the scheme for regularization of services
of the employees like the Employee herein. The said scheme dated
01.12.1995 has been approved by the Honourable Supreme Court by it's
order dated 02.12.1996.
5 Considering the above, this Writ Petition is disposed of with
the observation that if the Respondent/ Employee is still in employment,
he shall be covered by the scheme of the State Government dated
01.12.1995 as noted by this Court in the order reproduced above. In the
event, he is not in employment and is aggrieved by his disengagement by
the Petitioners, he shall be at liberty to seek redressal of his grievance in
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accordance with the remedy available in law. The impugned judgment
shall, therefore, stand modified in terms of the scheme dated 01.12.1995
announced by the State Government and which has been approved by the
Honourable Supreme Court by it's order dated 02.12.1996 as noted above.
6 This Writ Petition is, accordingly, disposed of. Rule is
discharged.
kps
ig (RAVINDRA V. GHUGE, J.)
