The State Of Maharashtra Thr The ... vs Eknath Chindu Narwade
2016 Latest Caselaw 6902 Bom

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             IN THE HIGH COURT OF JUDICATURE OF BOMBAY   
                         BENCH AT AURANGABAD




                                                       
                            WRIT PETITION NO.2613 OF 1997

    The State of Maharashtra,
    Through, The Executive Engineer




                                                      
    Public Works Division,
    In front of Collector Office,
    Zilha Peth, Jalgaon                                      -- PETITIONER 




                                            
    VERSUS

    Eknath Chindu Narwade,    
    At Post : Takli, Tq. Jamner,
    Dist. Jalgaon                                            -- RESPONDENT 

Mr.N.T.Bhagat, AGP for the petitioner/State. Mr.G.V.Wani and Mr.V.Y.Patil, Advocates for the respondent. (Absent)

( CORAM : RAVINDRA V. GHUGE, J.)

DATE : 02/12/2016

ORAL JUDGMENT :

1. This matter was adjourned on 01/12/2016 to enable either of

the two lawyers representing the respondent to appear in the matter.

2. None appears for the respondent even today.

3. The petitioner has challenged the award dated 26/10/1995

delivered by the Labour Court by which Ref.(IDA) No.41/1991 has

been partly allowed. The respondent/employee has been granted

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reinstatement with continuity and 25% back wages from

18/05/1988. While admitting this matter on 21/07/1997, the

impugned award was stayed. However, as the petition was dismissed

for no-removal of office objections, the petitioner moved Civil

Application No.4843/2003 seeking restoration.

4. This Court, by order dated 10/06/2005, has restored the writ

petition by passing a detailed order. Costs of Rs.10,000/- was

directed to be deposited in this Court and the said amount was

deposited. However, in paragraph No.8 of the said order, this Court

issued directions to the petitioner, which read as follows :-

"On deposit, the same be paid to the respondent. I further direct

that the Government Pleader or for that purpose, the AGP to make a statement to the effect that the respondent is reinstate in service and paid all the dues including back wages by the

Department and in case, the back wages are not paid as yet, the same be paid to the respondent within three weeks from today. On these conditions, the Civil Application is allowed. If the cost as stated above and the conditions imposed are not complied

with on or before 27th June 2005, the original order dated 12/12/1997 stands restored."

5. Considering the above, the respondent has withdrawn the

amount of Rs.10,000/-. Learned AGP submits on instructions

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gathered from the Executive Engineer and the Deputy Engineer of

P.W.D. Jalgaon that pursuant to the above directions, the respondent

was reinstated in service, was given the benefits as directed and

pursuant to his superannuation, has been given retiral benefits.

6. In the light of the above, this petition has been rendered

infructuous. Same is disposed of. Rule is discharged.

( RAVINDRA V. GHUGE, J.)

khs/DEC.2016/2613-d