Bombay High Court
The State Of Mah. Thr Secretary & 3 ... vs Smt.Kantabai W/O Santosh ... on 15 June, 2016
Bench: Z.A. Haq
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.4843 OF 2008
1) The State of Maharashtra,
through Secretary, Medical Education,
Research and Drugs Department,
Mantralaya, Mumbai.
2) The Director of Medical Education and
Research, 4th Floor, St. George Medical
College Building Fort, Mumbai.
3) Dean, Indira Gandhi Medical College,
Nagpur.
4) Civil Surgeon,
Indira Gandhi Hospital, Nagpur. ....
PETITIONERS
VERSUS
1) Smt. Kantabai w/o Santosh Kuttarmare,
Aged about 45 years,
Occupation - Service,
R/o Yadav Nagar, Near Atta Chakki,
Plot No.367, Upparwadi, Nagpur.
(Comp. ULPA No.1131/98)
2) Smt. Leelabai Narsingrao Mamidwar,
Aged about 48 years,
Occupation - Service,
R/o Dhobi Ghat, Servants' Quarter,
Mayo Hospital, Nagpur.
(Comp. ULPA No.1133/98)
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3) Smt. Shobha Arun Shivarkar,
Aged about 46 years,
Occupation - Service,
R/o Servants' Quarters, Mayo Hospital,
Nagpur. (Comp. ULPA No.1128/98)
4) Smt. Lalita Ramchandra Gondane,
Aged about 55 years,
Occupation - Service,
R/o Indora Bhandar Mohalla, Near
Avinash Katane House, Indora, Nagpur.
(Comp. ULPA No.1129/98)
5) Smt. Sheela Swaroopchandra Choudhary,
Aged about 44 years,
Occupation - Service,
R/o Servants' Quarters, Behind X-Ray
Department, Mayo Hospital Nagpur.
(Comp. ULPA No.1132/98).
6) Smt. Shobha Narayanrao Imbadwar,
Aged about 46 years,
Occupation - Service,
R/o Plot No.86, Galli No.5, Manewada
Road, Jawahar Nagar, Nagpur.
(Comp. ULPA No.1127/98)
7) Shri Sunil Chamanlal Kanojiya,
Aged about 34 years,
Occupation - Service,
R/o Servants' Quarters, Near Dhobi
Ghat, Mayo Hospital, Nagpur.
(Comp. ULPA No.1138/98)
8) Shri Ashok Damodhar Dullarwar,
Aged about 47 years,
Occupation - Service,
R/o Plot No.32, Khan Society, Near
Veer Chakra Colony, Katol Road, Nagpur.
(Comp. ULPA No.17/99)
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9) Shri Rajendra Trilokchand Toriya,
Aged about 46 years,
Occupation - Service,
R/o Plot No.41, Gulshan Nagar,
Kamptee Road, Nagpur.
(Comp. ULPA No.1150/98)
10) Shri Manoj Gayaprasad Chandrawanshi,
Aged about 45 years,
Occupation - Service,
R/o Behind Mayo Hospital, Boriyapura,
Nagpur. (Comp. ULPA No.1148/98)
11) Shri Narayan Fattuji Dhole,
Aged about 45 years,
Occupation - Service,
R/o C/o T.B. Meshram, Plot No.821,
Nehru Nagar, Nandanwan Main Road,
Nagpur. (Comp. ULPA No.16/99)
12) Smt. Seema Damankar,
Aged about 34 years,
Occupation - Service,
R/o N.I.T. Quarters, Near K.D.K. College,
Nandanwan, Nagpur.
(Comp. ULPA No.1137/98)
13) Shri Pramod Govardhan Rajwade,
Aged about 38 years,
Occupation - Service,
R/o Servants' Quarter No.5, Mayo
Hospital, Nagpur.
(Comp. ULPA No.1120/98)
14) Smt. Ashabai Anil Mahato,
Aged about 44 years,
Occupation - Service,
R/o Dhobi Ghat, Servants' Quarters,
Mayo Hospital, Nagpur.
(Comp. ULPA No.1130/98)
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15) Shri Uddal Sumera Goutel,
Aged about 38 years,
Occupation - Service,
R/o Thakkargram Sweeper Colony,
Pachpaoli, Nagpur.
(Comp. ULPA No.15/99)
16) Shri Vikesh Channulal Jaidiya,
Aged about 39 years,
Occupation - Service,
R/o Servants' Quarters, Mayo Hospital,
Nagpur. (Comp. ULPA No.18/99)
17) Shri Nandkishor Jainarayan Samundre,
Aged about 38 years,
Occupation - Service,
Behind Mayo Hospital, Boriyapura,
Nagpur. (Comp. ULPA No.1134/98)
18) Shri Jagdish Charan Matel,
Aged about 40 years,
Occupation - Service,
Thakkargram Sweeper Colony, Pachpaoli,
Nagpur (Comp. ULPA No.19/99)
19) Shri Sudesh Puranlal Chavan,
Aged about 41 years,
Occupation - Service,
R/o Room No.6, Arcilal Chawl,
Mankapur, Nagpur.
(Comp. ULPA No.20/99)
20) Shri Sunil Sunderlal Khote,
Aged about 32 years,
Occupation - Service,
R/o Servants' Quarters, Mayo Hospital,
Nagpur. (Comp. ULPA No.1136/98) .... RESPONDENTS
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______________________________________________________________
Shri A.D. Sonak, A.G.P. for the petitioners,
Shri S.M. Samarth, Advocate for the respondents.
______________________________________________________________
CORAM : Z.A. HAQ, J.
DATED : 15
JUNE, 2016.
th
ORAL JUDGMENT :
1. Heard Shri A.D. Sonak, Assistant Government Pleader for
the petitioners-employer and Shri S.M. Samarth, Advocate for the
respondent-employees.
2. The petitioners filed this petition challenging the order
passed by the Industrial Court, allowing the complaints filed by the
employees under Section 28 read with Sections 5, 6, 9 and 10 of
Schedule-IV of the Maharashtra Recognition of Trade Unions and
Prevention of Unfair Labour Practices Act, 1971. The Industrial Court,
by the impugned order, directed the employer to regularise the services
of the employees as and when the posts are created or fall vacant, the
regularisation being as per the seniority list and the status of the
employees. The Industrial Court recorded that in case of
superannuation of the employee, his services are to be treated as
deemed to be permanent for the purposes of benefits attached to the
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post at the time of his retirement.
3. The learned Assistant Government Pleader has submitted
that this Court while issuing Rule, by the order dated 02-05-2009
granted limited interim order in relation to the conferral of benefits on
the employees who had superannuated and as there was no interim
order regarding the other directions, the employer has taken steps to
regularise the services of other respondents/employees.
4. The matter was listed before the Court on 09-09-2011 on
which date the following order came to be passed :
"The affidavit has been filed on 24.8.2011 by the
respondent no.3 in this petition. Para-2 of the said
affidavit reads as under
Para-2 : "It is relevant to note that in response to
the information sought under the Right to Information
Act, it was informed by the Administrative Officer from
Indira Gandhi Medical College, Nagpur that 12 posts are
vacant in the Medical College as on 25.6.2011 and in
Hospital 50 posts of Class IV are vacant. However, the
relief which is sought by the petitioner praying for
permanency cannot be granted in light of the judgment of
the Hon'ble Supreme Court in the Case of Umadevi
wherein the Hon'ble Supreme Court were given clear
direction that 'Back Door' entrance should not be
permitted and it is relevant to note that there are many
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similarly situated employees in different Medical
Colleges, Government had sought opinion from the
learned Advocate General of State of Maharashtra and
as one time measures, proposal for absorption and
regularization of temporary employees working in all
institution under the Directorate of Medical Education
and Research is already prepared and submitted to the
Government for approval from the Director vide letter
dated 21.1.2008. The names of all the temporary
employees who are eligible according to the criteria laid
down by the Hon'ble Apex Court are included in the
proposal. Name of Smt.Kantabai and others are also
included except Shri Shankar Sundarlal Khote. The
said proposal is under consideration of the State
Government, a copy of the said proposal is annexed
herewith and marked as Annexure-R-1."
In view of aforesaid position, it is expected from
the respondents to act as expeditiously as possible. No
further orders are required to be passed."
As it is recorded in the order dated 09-09-2011 that "no further orders
are required to be passed", the office has treated the writ petition as
disposed.
5. Contempt Petition No.45/2014 is filed by the employees
alleging that the directions given by the Industrial Court and
undertaking given by the employer before this Court as recorded in the
order dated 09-09-2011 has not been complied with. The contempt
petition was listed before this Court on 07-06-2016 and at the time of
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hearing of the contempt petition the learned Assistant Government
Pleader and the learned Advocate representing the employees pointed
out that Writ Petition No.4843/2008 is not disposed. Therefore, it was
directed that both the matters be listed for further consideration.
6. After considering the rival submissions and the fact that
the petitioners-employer have taken steps to implement the impugned
order, in my view, the challenges raised in the petition are not required
to be considered. The petition is disposed.
JUDGE
adgokar
