The Dy.Engineer,Z.P vs Bharat Pandurang Kanade And Anr
2016 Latest Caselaw 5981 Bom

                                                                      WP/256/1997
                                            1

                    IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                               BENCH AT AURANGABAD




                                                                             
                              WRIT PETITION NO. 256 OF 1997




                                                     
     The Deputy Engineer,
     Zilla Parishad Construction
     Sub-Division, Kallam,
     Taluka Kallam, District




                                                    
     Osmanabad.                                 ..Petitioner

     Versus

     1. Bharat Pandurang Kanade




                                          
     Age major, r/o Kallam,
     Tq. Kallam, Dist. Osmanabad.
                             
     2. The Tahsil Office, Kallam.                     ..Respondents
                                          ...
                        Advocate for Petitioner : None present
                            
                      Advocate for Respondent 1 : Shri C.K.Shinde
                         AGP for Respondent 2 : Shri P.N.Kutti
                                          ...
      

                              CORAM : RAVINDRA V. GHUGE, J.

Dated: October 13, 2016 ...

ORAL JUDGMENT :-

1. None appeared for the petitioner on 6.10.2016. None appears

even today.

2. The petitioner has challenged the judgment and order dated

25.3.1996, delivered by the Industrial Court, Solapur in Complaint

(ULP) No.203 of 1998, by which, respondent No.1 was granted

reinstatement with continuity and full backwages.

WP/256/1997

3. Shri Shinde, learned Advocate for the respondent submits that

the respondent has been in employment for sometime, pursuant to

the interim orders of the industrial Court. He had claimed to be in

employment from 16.9.1985 till 22.5.1987, when he was terminated.

4. He, however, submits that the State had prepared a scheme

for absorption of Mustering Assistants, working on Employment

Guarantee Scheme ("EGS"), vide Government Resolution dated

1.12.1995. The said Scheme was placed before the Honourable Apex

Court and the same was accepted. Pursuant thereto, this Court dealt

with an identical case in the matter of Chief Executive Officer, Zilla

Parishad, Ahmednagar Vs. Daulat Narsingrao Deshmukh [2001 (2) Mah.

L. J. 543], quashed the judgment of the Labour Court and directed

the State to consider the case of the employee for absorption as per

the scheme dated 1.12.1995. He submits that several judgments on

these lines have then been delivered by this Court. He, therefore,

submits that a similar order can be passed in this case also.

5. In the light of the above, this petition is partly allowed. The

impugned order of the Industrial Court dated 25.3.1996 is quashed

and set aside and the petitioner is directed to consider the claim of

the respondent / employee strictly in accordance with the scheme

prepared by the State Government vide Government Resolution

dated 1.12.1995 and in accordance with the norms laid down in the

WP/256/1997

subsequent Government Resolutions dated 21.4.1999.

6. Rule is made partly absolute in above terms.

( RAVINDRA V. GHUGE, J. )

...

akl/d