Mah. State Road Transport ... vs Mohammad Jafar Pir Mohammad ...
2016 Latest Caselaw 3158 Bom

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          IN THE HIGH COURT OF JUDICATURE AT BOMBAY, 




                                                    
                     NAGPUR BENCH, NAGPUR
                              WRIT PETITION No.3274 OF 2013




                                                   
    Maharashtra State Road Transport Corporation,
    through its Divisional Controller, 
    Arni Road, Yavatmal               ...                    ...              Petitioner.
                           ..Versus..
    1.  Mubin Ahemad Sheikh Hussain, 




                                              
        Aged about 55 years, Occ. Service, 
        R/o At Post Digras, Tq. Digras, 
                                  
        Dist. Amravati. 

    2.  Member, Industrial Court,
                                 
        Yavatmal.                       ...                  ...     Respondents.

WITH

WRIT PETITION No.2199 OF 2013

Maharashtra State Road Transport Corporation,

through its Divisional Controller,M.S.R.T.C. Tukum Road, Chandrapur. ... ... Petitioner.

..Versus..

1. Mohammad Jafar Pir Mohammad Sheikh, Aged about 58 years, Occ. Retired, R/o Ward No. 2, Near Co-operative Rice Mill, Dist. Gadchiroli.

2. Member, Industrial Court, Chandrapur. ... ... Respondents.

WITH

WRIT PETITION No.2202 OF 2013

Maharashtra State Road Transport Corporation, through its Divisional Controller,

.....2/-

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Chandrapur Division, Chandrapur.... ... Petitioner.

..Versus..

1. Ahemad Idris Sheikh Kasam, Aged about 49 years, Occ. Service,

R/o Opposite to Shukla Building, Near Ambedkar Hostel, Bramhapuri, Tah. Bramhjapuri, Dist.Chandarpur. Tah. & Dist. Chandrapur.

2. Member, Industrial Court, Chandrapur. ig ... ... Respondents.

WITH

WRIT PETITION No.2243 OF 2013

Maharashtra State Road Transport Corporation, through Chandrapur Division, Chandreapur through its Divisional Controller. ... ... Petitioner.

..Versus..

1. Prabhakar Mahadeo Bangare,

Aged about 54 years, Occ. Service, R/o B.T.S. Plot, Shivaji Nagar, Ballarsha, Dist. Chandrapur.

2. Member, Industrial Court, Chandrapur. ... ... Respondents.

WITH

WRIT PETITION No.2246 OF 2013

Maharashtra State Road Transport Corporation, through its Divisional Controller, M.S.R.T.C., Tkum Road, Dist. Chandrapur. ... Petitioner.

..Versus..

1. Champatrao s/o Pisaji Thakare, Aged about 41 years, Occ. Service, R/o C/o V.S. Mattiwar, New Post Office Road,

.....3/-

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Aheri, Dist. Gadchiroli.

2. Member, Industrial Court, Chandrapur. ... ... Respondents.

WITH

WRIT PETITION No.3384 OF 2013

Maharashtra State Road Transport Corporation,

through its Divisional Controller, Arni Road, Yavatmal ... ... Petitioner.

..Versus..

1. Narendra s/o Namdeorao Gajabhiye,

Aged about 49 years, Occ. Service, R/o Gajanan Nagar, New Town, Amravati, Tq. & Dist. Amravati.

2. Sanjay s/o Digambararao Jumale, Aged about 48 years, Occ. Service,

r/o At Chawadi Chowk, Old Bhandara, Tq. & Dist. Amravati.

3. Rameshwar s/o Madhav Kale,

Aged about 46 years, Occu. Service, R/o C/o P.P. Dandge, Shivaji Nagar, Yavatmal, Tq. & Dist. Yavatmal.

4. Ram s/o Papalal Yadao,

Aged about 43 years, Occ. Service, R/o Hanuman Akhada Chowk, Yavatmal, Tq. & Dist. Yavatmal.

5. Member, Industrial Court, Yavatmal. ... ... Respondents.

.....4/-

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WITH

WRIT PETITION No.2198 OF 2013

Maharashtra State Road Transport Corporation, through its Divisional Controller, M.S.R.T.C.,

Tukum Road, Dist. Chandrapur. ... ... Petitioner.

..Versus..

1. Baban Laxmanrao Khode, Aged about 60 years, Occ. Retired,

R/o Balaji Ward No.1, Chandrapur, Tah. & Dist. Chandrapur.

2. Member, Industrial Court,

Chandrapur. ... ... Respondents.

WITH

WRIT PETITION No.2712 OF 2013

Maharashtra State Road Transport Corporation,

through its Divisional Controller, M.S.R.T.C., Tukum Road, Dist. Chandrapur. ... ... Petitioner.

..Versus..

1. Shantaram Kisanrao Rohankar, Aged about 53 years, Occ. Service, R/o At Post Danori, Tq. Akot, Dist. Akola.

2. Member, Industrial Court, Chandrapur. ... ... Respondents.

WITH

WRIT PETITION No.3752 OF 2013

Maharashtra State Road Transport Corporation, through its Divisional Controller,

.....5/-

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Station Road, Nagpur. ... ... Petitioner.

..Versus..

1. Ashok s/o Bhagwanji Gadbail,

Aged about 44 years, Occ. Service, R/o Tekadi, Post Gondegaon, Tah. Parseoni, Dist. Nagpur.

2. Member, Industrial Court,

Nagpur. ... ... Respondents.

ig WITH

WRIT PETITION No.2247 OF 2013

Maharashtra State Road Transport Corporation, Division Chandrapur through its Divisional Controller, Chandrapur. ... ... Petitioner.

..Versus..

1. Subalchandra Mahendranath Biswas, Aged about 57 years, Occ. Service, R/o C/o S.T. Divisional Workshop, Durgapur Road, Tukum, Chandrapur,

Tah. & Dist. Chandrapur.

2. Member, Industrial Court, Chandrapur. ... ... Respondents.

WITH

WRIT PETITION No.1578 OF 2013

Maharashtra State Road Transport Corporation, through its Divisional Controller, M.S.R.T.C., Tukum Road, Dist. Chandrapur. ... ... Petitioner.

..Versus..

.....6/-

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1. Ganpat s/o Ninaji Nikhade, Aged about 57 years, Occ. Service, R/o Sarai Ward Chandrapur.

2. Member, Industrial Court, Chandrapur. ... ... Respondents.

WITH

WRIT PETITION No.1594 OF 2013

Maharashtra State Road Transport Corporation,

through its Divisional Controller, M.S.R.T.C., Tukum Road, Dist. Chandrapur. ... ... Petitioner.

..Versus..

1. Abdul Wahab Abdul Gaffar, Aged about 45 years, Occ. Service.

2. Sk. Haider Sk. Samad

Aged about Major, Occ - Service.

3. Mohd. Yanus Mohd. Yusuf Aged about Major, Occ - Service.

4. B.V. Alagamkar, Aged about Major, Occ - Service.

5. V.I. Pipariwar

Aged about Major, Occ - Service.

All are R/o C/o Quarter No.47, FDCM Colony, Gorakhan Ward, Ballarpur, Dist - Chandrapur.

6. Member, Industrial Court, Chandrapur. ... ... Respondents.

.....7/-

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WITH

WRIT PETITION No.1595 OF 2013

Maharashtra State Road Transport Corporation, through its Divisional Controller, M.S.R.T.C.,

Tukum Road, Dist. Chandrapur. ... ... Petitioner.

..Versus..

1. Dadaji S/o Vithobaji Patar, Aged about 52 years, Occ. Service,

R/o Ward No. 12, Gokul Nagar, Chamorshi Road, Gadchiroli.

2. Member, Industrial Court, Chandrapur. ... ... Respondents.

WITH

WRIT PETITION No.1555 OF 2013

Maharashtra State Road Transport Corporation, through its Divisional Controller, M.S.R.T.C., Tukum Road, Dist. Chandrapur. ... ... Petitioner.

..Versus..

1. Gajanan s/o Sudhakarrao Joshi, Aged about 49 years, Occ. Service, R/o Gaddi Ward, Near Shubha Mangal

Karyalaya, Chandrapur.

2. Member, Industrial Court, Chandrapur. ... ... Respondents.

WITH

WRIT PETITION No.1565 OF 2013

Maharashtra State Road Transport Corporation,

.....8/-

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through its Divisional Controller, M.S.R.T.C.,

Tukum Road, Dist. Chandrapur. ... ... Petitioner.

..Versus..

1. Madan s/o Shuklal Shaha Aged about 46 years, Occ. Service, R/o Indira Nagar,, Chandrapur.

2. Member, Industrial Court,

Chandrapur. ... ... Respondents.

ig WITH

WRIT PETITION No.3567 OF 2013

Maharashtra State Road Transport Corporation, through its Divisional Controller, Arni Road, Yavatmal, Dist. Yavatmal. ... ... Petitioner.

..Versus..

1. Nandkumar s/o Bhageluprasad Pande, Aged about 49 years, Occ. Service, R/o LIG 83, Near Kale Hospital,

House no. 54, Bajoriya Nagar, Yavtmal, Tq. & Dist. Yavatmal.

2. Hidaytullah Sgafiullah Khan, Ated about 48 years, Occu. Service,

R/o Ole Patil Layout, Railway Station, Road Darwha, Dist. Yavatmal.

3. Shri Devidas Bapurao Khadse, Aged about 46 years, Ocxcu. Service, R/o C/o P.M. Chandanshe, Kaweri Nagar, At Tq. Darwha, Dist. Yavatmal.

4. Subhash Dinaji Deogade,

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Aged about 46 years, Occ. Service,

R/o Old Umarsara, Shahu Nagar, Date College Road, Yavatmal, Tq. & Dist. Yavatmal.

5. Mohd. Subhan Mohd. Sanaulla, Aged about 46 years, Occu. Service, R/o Railway Station, Ward No. 17, At post Darwha, Dist. Yavatmal.

6. Member, Industrial Court, Yavatmal. ig ... ... Respondents.

WITH

WRIT PETITION No.3789 OF 2013

Maharashtra State Road Transport Corporation, through its Divisional Controller, Railway Station Road, Nagpur. ... ... Petitioner.

..Versus..

1. Kishor s/o Govindrao Sontakke Aged about 44 years, Occ. Service, R/o Vaishali Nagar, Near Kamal Talkies,

Nagpur.

2. Member, Industrial Court, Nagpur . ... ... Respondents.

WITH

WRIT PETITION No.3806 OF 2013

Maharashtra State Road Transport Corporation, through its Divisional Controller, Railway Station Road, Nagpur. ... ... Petitioner.

.....10/-

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..Versus..

1. Suresh Dadaraoji Gohane, Aged about 43 years, Occ. Service, R/o Teali(B), Tah. Saoner, Dist. Nagpur.

2. Member, Industrial Court, Nagpur. ... ... Respondents.

WITH

WRIT PETITION No.3808 OF 2013

Maharashtra State Road Transport Corporation, through its Divisional Controller, Railway Station Road Nagpur. ... ... Petitioner.

..Versus..

1. Gurudas s/o Dhondbaji Dadmal,

Aged about 42 years, Occ. Service, R/o Navegaon Deshmukh, P.O. Veerkhandi,

Dhabarla, Tah./ Bhjwapur, Dist. Nagpur At present r/o in the house of Yadavrao Hiradkar, Itwari,Umrer, Dist. Nagpur.

2. Member, Industrial Court, Nagpur. ... ... Respondents.

WITH

WRIT PETITION No.3815 OF 2013

Maharashtra State Road Transport Corporation, through its Divisional Controller, Railway Station Road, Nagpur. ... ... Petitioner.

..Versus..

1. Sou. Sandhya Vijay Kurvey,

.....11/-

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(Before Marriage name Ku. Sandhya

Shankarrao Lele), Aged about 49 years, Occ. Service, R/o Sita Nagar, Pande Layout, Nagpur.

2. Member, Industrial Court, Nagpur. ... ... Respondents.

WITH WRIT PETITION No.3190 OF 2015

Maharashtra State Road Transport Corporation,

through its Divisional Controller, Nagpur. ... Petitioner.

..Versus..

1. Narayan s/o laxman Kature, Aged about 63 years, Occ. Retired. R/o Plot NO. 34, Near Awchat Kirana Shop, Kirti Nagar, Narsala Road, Dighori.

2. Ishwar s/o Nandeorao Potdukhe, Age about 60 years, Occu. Retired,

R/o Near Gaidhane's House, Siraspeth, Telipura, Nagpur.

3. Premchand s/o Guabrao Bondre,

Aged about 60 years, Occu. Retired, R/o Nagpur.

4. Manohar s/o Sakharam Nakashane, Aged aboiut 63 years, Occu. Retired,

Plot NO. 41, Shri Saran Nagar, Behnd Khamla Telephone Exchange, Nagpur-25.

5. Dhanraj s/o Sadashivrao Moon, Aged about 61 years, Occu. Retired, R/o Plot NO. 74, New Balaji Extension, Nagpur-27

.....12/-

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6. Arun s/o Narayanrao Wadikhaye, Aged about 63 years, Occu. Retired, R/o Ganesh Dham, Hudkeshwar, Nagpur-34

7. Umakant s/o Narsinghrao Nagulwar, Aged about 60 years, Occuption Retired, R/o Plot no. 265, Baldar Nagar, Narsala, Nagpur. ... ... Respondents.

WITH

WRIT PETITION No.3545 OF 2015

Maharashtra State Road Transport Corporation, through its Divisional Controller, M.S.R.T.C.,

Tukum Road, Dist. Wardha. ... ... Petitioner.

..Versus..

1. Rambhau s/o Haribhau Bagde,

Aged about 53, Years, Occ. Artisan C,

2. Ashok s/o Vitthalrao Nimbalkar, Aged about 49, Years, Occ. Artisan C,

3. Sursh s/o Narayan Dod,

Aged about 48, Years, Occ. Artisan C,

4. Madhukar s/o Suryabhanji Pusadkar, Aged about 55, Years, Occ. Artisan C,

5. Dilip s/o Shyamraoji Yedakhe, Aged about 51 Yeas, Occ. Artisan C.

6. Manik s/o Narayan Bhondarkar, Aged about 55 years, Occ. Artisan C,

7. Vijay s/o Narayan Nirmal, Aged about 55 years, Occu. Artisan C,

.....13/-

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8. Premanand s/o Sevakram Pakhre, Aged about 55 years, Occu. Artisan C,

9. Onkar s/o Wamanrao Chaudhari,

Aged about 51 years, Occu. Artisan C,

10. Syed Gulam Ahmad Syed Kadir Ali, Aged about 47 years, Ocxcu. Artisan C,

11. Ramesh s/o Shridhar Pharsole, Aged about 52 years, Occu. Artisan C,

12. Prabhakar s/o Pandurang Bawne, Aged about 52 years, Occu. Artisan C,

13. Tulshiram s/o Champatrao Wakde, Age about 32 years, Occ. Artisan C,

14. Nandkumar s/o Shamraoji Kadam, Aged about 50 years, Occu. Artisan C,

15. Ashok s/o Baburaoji Bangadkar, Aged about 51 years, Occu. Artisan C,

16. Franklin s/o Walter Robert, Aged about 50 years, Occ. Artisan C,

17. Rajendra s/o Trimbakrao Raut, Aged about 49 years,s Occ. Artisan C,

18. Ashok s/o Sadashivrao Mohadure, Aged about 50 years, Occu. Artisan C,

19. Kanhaiya s/o Laxman Bansi, Aged about 44 years, Occu. Artisan C,

20. Namdeo s/o Sakharam Samrit, Aged about 53 years, Occu. Artisan C,

.....14/-

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21. Mohd. Abdul Kadir s/o A Bashsiruudin, Aged about 52 years, Occu. Artisan C,

22. Krushna s/o Narayan Zade,

Aged about 45 years, Occu. Artisan C,

23. Arun s/o Kawaduji Sahare, Aged about 49 years, Occ. Artisan C,

24. Chandrakant s/o Wasudeorao Mule, Aged about 49 years, Occu. Artisan C,

25. Dinkar s/o Dadaji Tadas, Aged about 52 years, Occu. Artisan C,

26. Madan s/o Purushottam Tiwaskar, aged about 51 years, Occu. Artisan C,

27. Mukuknd s/o Balaji Thakre, Aged about 51 years, Occu. Artisan C,

28. Rambhau s/o Shankarrao Vaidya, Aged about 50 yars, Occu. Artisan C,

All C/o Nandkumar Kadam, Kurghatkar Layout, Near Durga Mandir, Wardha. ... Respondents.

WITH WRIT PETITION No.3762 OF 2015

Maharashtra State Road Transport Corporation, through its Divisional Controller, Wardha. ... Petitioner.

..Versus..

Baba s/o Chinduji Katole, Aged about 62 years, Occ. Retired. R/o Bidkar Ward, Hinghanghat, District Wardha. ... ... Respondents.

.....15/-

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....................................................................................................................................................... Mr. V.H. Kedar, advocate for petitioner. Mr. A.J. Pathak holding for Shri C.V. Jagdale, advocate for respondent no.1. Mr. K.L. Dharmadhikari, AGP for respondent no.2. .......................................................................................................................................................

CORAM : A.S. CHANDURKAR, J.

DATED : 23 rd JUNE, 2016.

ORAL JUDGMENT.

Since common issues arise in these writ petitions, they are being

decided by this common judgment. For the sake of convenience, the facts in

W.P. No. 3274/2013 are being taken into consideration.

2. The question that arises in these writ petitions is with regard to

entitlement of the respondent employees of the petitioner-Maharashtra State

Road Transport Corporation with regard to placement in appropriate time

scale on completion of 180 days aggregate service and subsequent absorption

in service. Resolution no. 8856 read with Clause No. 19 of the 1985

Settlement betweens the Corporation and its employees is the basis for

seeking said relief. The aforesaid clauses have been the subject matter of

consideration in an earlier round of litigation at the instance of the

Corporation and its employees. The Hon'ble Supreme Court by its judgment

reported in 2007 (113) FLR 451 (Maharashtra State Road Transport

Corporation ...Vs... Premlal s/o Khatri Gajbhiye, after considering the decision

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of the Full Bench of this Court in Maharashtra State Road Transport

Corporation Vs. Premlal s/o Khatri Gajbhiye reported in 2003 (3) Mh.L.J.

1025 while upholding the view as taken held as under :

"In the circumstances, notwithstanding cancellation of Clause 49 of 1956 Settlement the workmen herein would be entitled to all benefits admissible to regular employees working in the Corporation on time scale of

pay provided they satisfy the eligibility criteria of having worked for aggregate service of 180 days and subject to

their satisfying all the conditions prescribed for their entitlement in terms of the above Resolution No. 8856 read with Clause 19 of 1985 Settlement."

Pursuant to the aforesaid judgment, these directions have been

consistently followed while adjudicating various writ petitions by this Court.

3. In Writ Petition No.3274/2013, the respondent was selected as a

driver by the Corporation. The respondent had filed complaint under

provisions of Section 28 of the Maharashtra Recognition of Trade Union and

Prevention of Unfair Labour Practices) Act, 1971 read with Item No. 9 and 10

of Schedule IV with prayer to extend the benefits as per the terms of the

Settlements on the ground that 180 days service had been completed. The

said complaint was contested by the Corporation and by the impugned

judgment the Industrial Court allowed the said complaint and granted relief to

the respondent. Being aggrieved, the present writ petition has been filed.

4. Shri V.H. Kedar, the learned counsel for the petitioner, submitted

.....17/-

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that considering the settled position of law as laid down by the Hon'ble

Supreme Court in the case of Premlal s/o Khatri Gajbhiye (supra), the only

modification which was sought by the petitioner in the impugned order was

that the respondent would be entitled to all benefits admissible to regular

employees on time scale provided the conditions prescribed for such

entitlement in terms of Resolution No.8856 read with Clause 19 of 1985

settlement is satisfied. He submitted that mere completion of 180 days was

not enough and the requirement was completion of aggregate service of 180

days in one financial year. In that regard, he referred to the judgment of the

learned Single Judge in W.P. No. 3468 of 2011 decided on 6 th March, 2012

(Maharashtra State Road Transport Corporation Vs. Arjun Gangaram Wajgikar

and others.) which came to be confirmed in LPA No. 338/2012 on 21.8.2012.

He further submitted that in case where the Corporation had issued

communications in the form of Establishment Orders to the concerned

employees, the same would be binding on the Corporation and it would act

accordingly while granting benefits to the concerned employees.

5. Shri A.J. Pathak, the learned counsel for the respondent,

supported the order of the Industrial Court on the ground that all necessary

requirements of Resolution No.8856 read with Clause 19 of the 1985

Settlement were fulfilled by the respondent and therefore the impugned order

.....18/-

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did not call for any modification. It was submitted that it was the duty of the

Corporation to have placed on record the aspect that the respondents in

question were not entitled to such relief but the same was not done before the

Industrial Court.

6. I have perused the various decisions relied upon by the counsel

for the parties. The legal position in this regard now stands settled in view of

the judgment of the Hon'ble Supreme Court in the case of Premlal s/o Khatri

Gajbhiye (supra). The relevant observations have been referred to in para 2

above. Considering the aforesaid legal position and in view of the fact that by

subsequent orders passed in various writ petitions, similar relief granted by

the Industrial Court has been modified in terms of the aforesaid judgment of

the Hon'ble Supreme Court, the impugned order would be required to be

modified by passing the order:

The respondent/complainant in each writ petition would be

entitled to the relief granted by the Industrial Court as per the impugned

judgment subject to satisfaction of the petitioner/Corporation that the

complainant has satisfied all the conditions prescribed for such entitlement in

terms of Resolution No. 8856 dated 31.8.1978 read with Clause 19 of the

1985 Settlement. In cases where the Corporation has issued any

Establishment Order to the concerned complainants, the same shall bind the

.....19/-

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Corporation and it shall act accordingly.

Rule is made absolute in aforesaid terms with no order as to

costs.

JUDGE

Hirekhan

...../-