Bombay High Court
The State Of ;Maharashtra vs The Muster Assistant & ;Mistry ... on 17 November, 2016
Bench: R.V. Ghuge
WP/1140/1997+
1
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 1140 OF 1997
1. The State of Maharashtra
2. The District Collector, Jalana.
3. Chief Executive Engineer,
Zilla Parishad, Jalana.
4. Executive Engineer,
Public Works Departmental
(South/North), Jalana.
5. Executive Engineer,
Minor Irrigation
Local Sector Division,
Jalana.
6. Executive Engineer (Irrigation),
Zilla Parishad Irrigation Division,
District Jalana.
7. Executive Engineer,
Works Department,
Zilla Parishad Jalana. ..Petitioners
Versus
Muster Assistants and Mistry
Sanghatna, Maharashtra Branch,
District Jalana (Through its
President Shri Ramesh Bhagwanrao
Deshmukh), age major, Occ. Service,
R/o Shrikrishna Nagar, Ring Road,
Jalana. ..Respondent.
WITH
WRIT PETITION NO. 1581 OF 1997
1. The State of Maharashtra
2. The Collector, Beed
3. Chief Executive Officer,
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WP/1140/1997+
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Zilla Parishad, Beed.
4. Executive Engineer,
Works Department No.1,
Z.P. Beed.
5. Executive Engineer, ZP,
Minor Irrigation Divison,
Beed.
6. Executive Engineer,
Minor Irrigation Division,
Beed, Local Sector Divison,
Beed.
7. Executive Engineer,
Minor Irrigation Divison, Beed.
H.Qtr. Ambajogai, Beed.
8. Executive Engineer,
Patbandhare Divison, Beed.
9. Executive Engineer,
P.W.D., Beed.
10, Executive Engineer,
PWD Ambajogai, Dist. Beed. ..Petitioners
Versus
Muster Assistants and Mistry
Sanghatana, Mah. Branch, Dist.Beed
(Through its President Shri
Sudhakar Yeshwantrao Kulkarni)
Age major, Occ. Service
R/o Beed. ..Respondent
WITH
WRIT PETITION NO. 1253 OF 1997
1. The State of Maharashtra
2. The Collector, Nanded
3. Chief Executive Officer,
Zilla Parishad, Beed.
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WP/1140/1997+
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4. Executive Engineer,
Works Department No.1,
Z.P. Beed.
5. Executive Engineer, ZP,
Minor Irrigation Divison,
Beed.
6. Executive Engineer,
Minor Irrigation Division,
Beed, Local Sector Divison,
Beed.
7. Executive Engineer,
Minor Irrigation Divison, Beed.
H.Qtr. Ambajogai, Beed.
8. Executive Engineer,
Patbandhare Divison, Beed.
9. Executive Engineer,
P.W.D., Beed.
10, Executive Engineer,
PWD Ambajogai, Dist. Beed. ..Petitioners
Versus
Muster Assistants and Mistry
Sanghatana, Mah. Branch, Dist.
Beed (Through its President Shri
Tukaram Gangaram More),
age major, occ. service
r/o Naigaon, Tq. Billoli,
District Nanded. ..Resondent
...
AGPs for Petitioners : Shri Kendre S.N. & Shri Bhagat N.T.
...
CORAM : RAVINDRA V. GHUGE, J.
Dated: November 17, 2016
...
ORAL JUDGMENT :-
1. The petitioner is challenging an interim order dated
WP/1140/1997+
19.12.1996, thereby granting ad-interim protection to the
employees, who were working as Mustering Assistants.
2. This Court by order dated 17.7.1997 has admitted the petition.
Interim relief, as prayed for, was not granted.
3. None appears on behalf of the respondents.
4.
Considering the fact that an interlocutory order has been
challenged and which has not been stayed for 20 years, it would be in
the interest of justice to direct the Industrial Court, Jalna to decide
Complaint (ULP) Nos. 268 of 1996 and 170 of 1996, expeditiously, if
not already decided, by continuing the protection granted by the
Industrial Court vide the impugned order. It requires clarification
that if the complaints are already decided, the interim protection
shall lose it's efficacy as it would merge in the final judgment.
5. In the light of the above, both these petitions are disposed off
with a direction to the Industrial Court, Jalna to decide Complaint
(ULP) No.268 of 1996 and 170 of 1996 as expeditiously as possible and
preferably within a period of six months from today.
6. In the event the said complaints are already decided, the
interim protection which was granted earlier by the interim order
WP/1140/1997+
dated 19.12.1996, shall stand merged in the final judgment of the
Industrial Court.
7. Rule is discharged.
( RAVINDRA V. GHUGE, J. )
...
akl/d
