The Chairman Of The Committee The ... vs Smt. Anuradha Damodhar Naik And ...
2016 Latest Caselaw 2448 Bom

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                                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                             NAGPUR BENCH AT NAGPUR




                                                                                                                                                                              
                                                          WRIT PETITION NO. 2709 OF 2016
     (The Chairman of the Committee, the Collector, Nagpur & others Vs. Smt. Anuradha Damodhar Naik & another)




                                                                                                                                    
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    Office Notes, Office Memoranda of Coram,                                                               Court's or Judge's orders
    appearances, Court's orders of directions
    and Registrar's orders
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                                                                                         Shri S. S. Ghate, Advocate for the petitioners.

                                                                                                           CORAM : S. B. SHUKRE, J.

DATED : 06 MAY, 2016

ig Issue notice for final disposal of the matter

at admission stage to the respondents, returnable in

July, 2016.

Shri V. D. Raut, learned Counsel waives

service for respondent No.2.

Learned Counsel for the petitioners submits

that the first impugned order dated 11/4/2016

proceeds on a wrong footing that on the date on

which the complaint was filed, the respondent, being

an employee, had been reverted to a post falling in the

category of a workman. He further submits that the

position was actually otherwise as the dismissal order

was very much in force and the reversion order that

was passed on the mercy appeal filed by the

respondent was a conditional order. He submits that

the conditions of the said order were never fulfilled by

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the respondent and so the respondent continued to

possess the status of a dismissed Branch Manager and

not an employee reverted to the position of clerk. He

further submits that the second impugned order dated

25/4/2016 also does not deal with this material

aspect of the case and mechanically confirms the

order of the Labour Court taking the ground that the

matter is now made time bound.

ig Upon going through the record of the case

including the impugned orders as well as the

reversion order, I find that there is prima facie

substance in the argument so canvassed before me by

the learned Counsel for the petitioners.

Having regard to the aforesaid submissions

and also the submission that the time stipulated for

disposal of the complaint has already expired on

02/5/2016 and, to the knowledge of the petitioner, no

request for further extension has been made by the

learned Presiding Officer, there shall be ex-parte

ad-interim stay in terms of prayer Clause-(ii), till the

next date.

JUDGE

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