The State Of Maharashtra vs Laxman Goga Laware And Others
2016 Latest Caselaw 5888 Bom

                                               *1*               211.213.wp.590.600.97.con


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD




                                                                             
                        WRIT PETITION NO. 590 OF 1997




                                                     
    The State of Maharashtra.
    Through Executive Engineer,
    Bhandardara Hydro Electric
    Project (Civil Construction Division),




                                                    
    Bhandardara, District Ahmednagar.
                                           ...PETITIONER
          -VERSUS-

    1     Shri Vasant Laxman Khade,




                                          
          At Post Bhandardara,
          District Ahmednagar.   
    2     The Labour Court,
          Ahmednagar.
                                
                                                ...RESPONDENTS

                                       WITH
                        WRIT PETITION NO. 600 OF 1997
       

    The State of Maharashtra.
    Through Executive Engineer,
    



    Bhandardara Hydro Electric
    Project (Civil Construction Division),
    Bhandardara, District Ahmednagar.
                                            ...PETITIONER





          -VERSUS-

    1     Shri Laxman Goga Laware,
          At Post Bhandardara,
          District Ahmednagar.





    2     The Ist Labour Court,
          Ahmednagar.
                                                ...RESPONDENTS

                                         WITH 
                          CIVIL APPLICATION NO.3592 OF 1998 
                                    IN WP/600/1997 
                                 LAXMAN GOGA LAWARE




        ::: Uploaded on - 13/10/2016                 ::: Downloaded on - 14/10/2016 00:08:08 :::
                                                           *2*                211.213.wp.590.600.97.con


                                         -VERSUS-
                             THE STATE OF MAHARASHTRA.




                                                                                         
                                             ...
                         AGP for Petitioner/ State  : Shri P.N.Kutti.
                  Advocate for Respondents/ Employees : Shri S K Shelke. 




                                                                 
                                             ...

                                             CORAM:  RAVINDRA V. GHUGE, J.

DATE :- 06th October, 2016

Oral Judgment :

1 Respondent No.2 being the Labour Court in both these

petitions, stands deleted from the proceedings.

2 In both these petitions, the Petitioner / State of Maharashtra

is aggrieved by the awards dated 28.06.1996 and 24.05.1996 in Reference

(IDA) Nos.36/1993 and 35/1993, respectively.

3 In both these petitions, the Respondents are continued in

employment. Consequent to the same, Civil Application Nos.9301/2011

and 9304/2011 were filed by the Respondents seeking directions. By

order dated 12.08.2011, this Court had directed the Petitioner/ State of

Maharashtra to decide the proposals of these Respondents for bringing

them on Converted Regular Temporary Establishment (CRTE) in the light

of the Government Resolution dated 24.04.2001. The statement of these

Respondents that they are willing to forgo the back wages for the periods

*3* 211.213.wp.590.600.97.con

during which they were not in employment, was recorded.

4 I have heard the learned Advocates for the respective sides

and have gone through the grounds raised and the impugned awards.

5 Since these Respondents are in employment for more than

two decades, they have settled in employment. By the order of this Court

dated 12.08.2011, they are to be brought on CRTE and they would be

entitled for further benefits as per the Kalelkar Settlement.

6 In the light of the above, both these petitions are disposed of

with a direction to the Petitioner/ State of Maharashtra that they would

comply with the directions of this Court in the order dated 12.08.2011

within a period of EIGHT WEEKS from today. Needless to state, the

Respondents shall be entitled for the benefits as are extended to the

categories of employees as like them after they are brought on CRTE. Rule

is discharged.

7 The pending Civil Applications, if any, do not survive and are

disposed of.

    kps                                                         (RAVINDRA V. GHUGE, J.)