The State Of Maharsahtra & Another vs Rajendra Parasram Tibhe
2016 Latest Caselaw 6062 Bom

                                                                      WP/689/1997
                                           1

                   IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                              BENCH AT AURANGABAD




                                                                             
                             WRIT PETITION NO. 689 OF 1997




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




                                                    
     Akole, District Ahmednagar.                     ..Petitioner

     Versus




                                         
     1. Rajendra Parasaram Tibhe,
     Age ..., Post Rajur, Tq, Akole,
     District Ahmednagar.    
     2. Presiding Officer,
     II Labour Court, Ahmednagar.              ..Respondents
                            
                                          ...
                          AGP for Petitioner : Shri S.B.Joshi
                      Advocate for Respondent 1 : Shri S.T.Shelke
                               Respondent 2 : Deleted
      


                                          ...
   



                             CORAM : RAVINDRA V. GHUGE, J.

Dated: October 15, 2016 ...

ORAL JUDGMENT :-

1. Respondent No.2 is the Labour Court and is, therefore,

deleted from these proceedings.

2. The petitioner is aggrieved by the award dated 27.5.1996,

by which, the Labour Court has allowed Reference (IDA) No.46 of

1993 and granted reinstatement to the respondent with continuity,

WP/689/1997

but without the backwages.

3. This Court admitted this petition by order dated 3.7.1998

and after recording the statement of the petitioner that the

employee has been reinstated in service, prayer for interim relief

was rejected.

4. By order dated 26.8.2011, passed by this Court on Civil

Application No.9572 of 2011, the petitioner / State was directed to

bring the respondent / employee on Converted Regular Temporary

Establishment ("CRTE") as per the Kalelkar Award. It is informed

that the order of this Court has been implemented.

5. In the light of the peculiar facts as recorded above and as an

effect of the impugned award and the orders of this Court, the

respondent is in continuous employment from 1.11.1982 onwards.

6. Considering the above, this petition is disposed off and the

petitioner is directed to grant such service benefits to the

respondent as may be available to him under the Kalelkar award,

the Government Resolution dated 24.4.2001 and any other

Government Resolution.

WP/689/1997

7. The Rule is, therefore, discharged.

( RAVINDRA V. GHUGE, J. ) ...

akl/d