Bombay High Court
Deputy Conservator Of Forests And ... vs The Divisional Secretary - Pune ... on 27 July, 2016
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 2885 OF 2009
1. Deputy Conservator of Forests,
(Up-Vansanrakshak),
Satara Van Vibhag, Powai Naka, Satara.
2. Conservator of Forests,
(Vansanrakshak),
Kolhapur Vrutta Vibhag,
Tarabai Park, Kolhapur. ... Petitioners.
V/s.
1. The Divisional Secretary,
Pune Zillaha Shramik Sangh,
'Shramik' Near S.T. Stand,
Bhor, District- Pune.
2. Shri Vasant T. Jadhav,
Pune Zillaha Shramik Sangh,
'Shramik' Near S.T. Stand,
Bhor, District- Pune. ... Respondents.
A.B.Vagyani, Govt.Pleader with S.D.Rayrikar, AGP for the petitioners.
Avinash R. Belge i/b. Nitin A. Kulkarni for the respondents.
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CORAM : D.H.WAGHELA, C.J.
DATE : 27th July 2016.
ORAL JUDGMENT :
The petitioner- State has approached this Court to call
into question the judgment and order dated 12 th November 2007 of
the Industrial Court, Satara in Complaint (ULP) No.29/1996.
Apparently, by the impugned judgment, the petitioners- the Deputy
Conservator of Forests and the Conservator of Forests are directed to
cease and desist from indulging in unfair labour practices and to
make respondent No.2- Shri Vasant T. Jadhav permanent in service
with effect from 8th October 1986 and to grant him all the
consequential benefits with costs quantified at Rs.500/-. There is no
dispute about the fact that by virtue of Government Resolution dated
31st January 1996, such employees as the respondent workman, who
had completed 5 years of continuous service, were required to be
granted the benefits of regularization in service. The question of
fact as regards continuous service of respondent No.2 in the period
of 5 years preceding the date of the Resolution has been resolved by
a detailed discussion based upon the evidence on record in the
impugned judgment. Therefore, irrespective of applicability of the
provisions of the Industrial Disputes Act, 1947 and/or the
Maharashtra Recognition of Trade Unions and Prevention of Unfair
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Labour Practices Act, 1971, apparently, the petitioners were required
to grant to the respondent workman the benefits due under its own
Resolution dated 31st January 1996 of which copy is annexed to the
present petition at Exh.C.
2. Therefore, as suggested by learned counsel appearing on
either side, without entering into merits of other contentions, the
petitioners are required to be directed to grant, calculate and pay
within two months from today the benefits to which the respondent
workman would be entitled to under the aforesaid resolution dated
31st January 1996, accepting the fact that in the preceding 5 years of
service of the respondent he has fulfilled the conditions required for
application of that resolution.
3. Accordingly, it is directed that the petitioners shall grant,
calculate and pay the benefits of Government Resolution dated 31 st
January 1996 to the respondent workman within a period of two
months with effect from 8th October 1996 till the date of his
reaching the age of superannuation and also allow and pay the
consequential benefits upon his retirement from service. The
benefits of the resolution shall include the difference of wages
calculated in the time scale of Rs.750-12-870 EB 14-940 in Group-D
post with all allowances and increments in terms of the resolution
dated 31st January 1996.
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4. It is clarified at the request of learned counsel for the
respondent that, in case of any difference or dispute relating to
calculation of the benefits due to the respondent workman, he would
be at liberty to approach the Labour Court for recovery of such
amount as may be remaining due on account of any error or
omission in calculation, made by the petitioners.
5. Accordingly the petition is disposed as partly allowed
with no order as to costs.
CHIEF JUSTICE
