Devangana D/O. Harichand Padole vs The District Health Officer, ...
2017 Latest Caselaw 4656 Bom

wp.1692.16.jud                    1


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

                     WRIT PETITION NO.1692 OF 2016

Manjusha d/o Nepal Shahare
Aged 32 years, Occupation : Service,
R/o Channa (Dhanla), Post Dhanla,
Tq. Lakhni, District Bhandara                               .... Petitioner

       -- Versus -

01]    The District Health Officer,
       Zilla Parishad, Bhandara.

02]    The Chief Executive Officer,
       Zilla Parishad, Bhandara.

03]    State of Maharashtra,
       through Collector, Bhandara.

04]    The Director Health Services,
       St. George Hospital Premises,
       Near C.S.T., Mumbai - 32                       .... Respondents

with

WRIT PETITION NO.1750 OF 2016

Vaishali d/o Manohar Ambade, Aged about 32 years, Occupation : Service, R/o Bakti (Channa), Tah. Morgaon Arjuni, District Gondia. .... Petitioner

-- Versus -

01] The District Health Officer, Zilla Parishad, Bhandara.

02] The Chief Executive Officer, Zilla Parishad, Bhandara.

03] State of Maharashtra, through Collector, Bhandara.

04] The Director Health Services, St. George Hospital Premises, Near C.S.T., Mumbai - 32 .... Respondents

with

WRIT PETITION NO.1751 OF 2016

Rajani d/o Bhimrao Gadpayle, Aged about 32 years, Occupation : Service, R/o C/o Kanchankumar Bansod, Ward No.4, Deori, District Gondia. .... Petitioner

-- Versus -

01] The District Health Officer, Zilla Parishad, Bhandara.

02] The Chief Executive Officer, Zilla Parishad, Bhandara.

03] State of Maharashtra, through Collector, Bhandara.

04] The Director Health Services, St. George Hospital Premises, Near C.S.T., Mumbai - 32 .... Respondents

with WRIT PETITION NO.1752 OF 2016

Devla d/o Shyamraoji Mundle, Aged about 35 years, Occupation : Service, R/o Bajrang Ward, Pauni, Tah. Pauni, District Gondia. .... Petitioner

-- Versus -

01] The District Health Officer, Zilla Parishad, Bhandara.

02] The Chief Executive Officer, Zilla Parishad, Bhandara.

03] State of Maharashtra, through Collector, Bhandara.

04] The Director Health Services, St. George Hospital Premises, Near C.S.T., Mumbai - 32 .... Respondents

with

WRIT PETITION NO.1753 OF 2016

Anatakala d/o Shankar Puram, Aged about 45 years, Occupation : Service, R/o Borgaon (Bazar), Post Futana, Tahsil Deori, District Gondia. .... Petitioner

-- Versus -

01] The District Health Officer, Zilla Parishad, Bhandara.

02] The Chief Executive Officer, Zilla Parishad, Bhandara.

03] State of Maharashtra, through Collector, Bhandara.

04] The Director Health Services, St. George Hospital Premises, Near C.S.T., Mumbai - 32 .... Respondents

with

WRIT PETITION NO.1754 OF 2016

Megha d/o Dnyaneshwar Badge, Aged about 33 years, Occupation : Service, R/o C/o D.I. Badge, Nashik Nagar, District Bhandara. .... Petitioner

-- Versus -

01] The District Health Officer, Zilla Parishad, Bhandara.

02] The Chief Executive Officer, Zilla Parishad, Bhandara.

03] State of Maharashtra, through Collector, Bhandara.

04] The Director Health Services, St. George Hospital Premises, Near C.S.T., Mumbai - 32 .... Respondents

with

WRIT PETITION NO.1755 OF 2016

Manda d/o Natthuji Padole, Aged about 36 years, Occupation : Service, R/o Silli (Ambadi), Tahsil & District Bhandara .... Petitioner

-- Versus -

01] The District Health Officer, Zilla Parishad, Bhandara.

02] The Chief Executive Officer, Zilla Parishad, Bhandara.

03] State of Maharashtra, through Collector, Bhandara.

04] The Director Health Services, St. George Hospital Premises, Near C.S.T., Mumbai - 32 .... Respondents

with WRIT PETITION NO.1756 OF 2016

Devangana d/o Harichand Padole, Aged about 32 years, Occupation : Service, R/o Khamari (Buti), Tahsil & District Gondia .... Petitioner

-- Versus -

01] The District Health Officer, Zilla Parishad, Bhandara.

02] The Chief Executive Officer, Zilla Parishad, Bhandara.

03] State of Maharashtra, through Collector, Bhandara.

04] The Director Health Services, St. George Hospital Premises, Near C.S.T., Mumbai - 32 .... Respondents

with WRIT PETITION NO.1757 OF 2016

Vaishali d/o Yuvraj Dekate, Aged about 33 years, Occupation : Service, R/o Gandhi Ward, Post & Tahsil Mohadi, District Bhandara. .... Petitioner

-- Versus -

01] The District Health Officer, Zilla Parishad, Bhandara.

02] The Chief Executive Officer, Zilla Parishad, Bhandara.

03] State of Maharashtra, through Collector, Bhandara.

04] The Director Health Services, St. George Hospital Premises, Near C.S.T., Mumbai - 32 .... Respondents

with

WRIT PETITION NO.1758 OF 2016

Anita d/o Amarsing Choudhari, Aged about 48 years, Occupation : Service, R/o Shriram Nagar, Tumsar, Tah. Tumsar, District Bhandara. .... Petitioner

-- Versus -

01] The District Health Officer, Zilla Parishad, Bhandara.

02] The Chief Executive Officer, Zilla Parishad, Bhandara.

03] State of Maharashtra, through Collector, Bhandara.

04] The Director Health Services, St. George Hospital Premises, Near C.S.T., Mumbai - 32 .... Respondents with

WRIT PETITION NO.1760 OF 2016

Pornima d/o Parasram Chavhan, Aged about 35 years, Occupation : Service, R/o Chandori (Malipar), Tahsil & District Bhandara. .... Petitioner

-- Versus -

01] The District Health Officer, Zilla Parishad, Bhandara.

02] The Chief Executive Officer, Zilla Parishad, Bhandara.

03] State of Maharashtra, through Collector, Bhandara.

04] The Director Health Services, St. George Hospital Premises, Near C.S.T., Mumbai - 32 .... Respondents

with

WRIT PETITION NO.1761 OF 2016

Babita Pundlik Rangari, Aged about 47 years, Occupation : Service, R/o C/o Bhauram Barewar, Mhada Colony, L.I.G. 62, Khat Road, Bhandara. .... Petitioner

-- Versus -

01] The District Health Officer, Zilla Parishad, Bhandara.

02] The Chief Executive Officer, Zilla Parishad, Bhandara.

03] State of Maharashtra, through Collector, Bhandara.

04] The Director Health Services, St. George Hospital Premises, Near C.S.T., Mumbai - 32 .... Respondents

Shri P.D. Meghe, Advocate for the Petitioner. Shri R.S. Khobragade, Advocate for Respondent Nos.1 & 2. Shri A.M. Balpande, A.G.P. for Respondent Nos.3 & 4.

CORAM : KUM. INDIRA JAIN, J.

DATE : JULY 18, 2017.

COMMON JUDGMENT :-

Rule. Rule made returnable forthwith. Heard finally

with the consent of learned Counsel for the parties.

02] Since the controversy in all these petitions is identical,

they are disposed of by common order.

03] Challenge in petition is to the order dated 01/03/2016

passed by Industrial Court, Bhandara in the complaints filed by

petitioners alleging that respondents have engaged in unfair

labour practice.

04] The facts giving rise to the petitions may be stated in

brief as under :

i. Petitioners came to be appointed as Auxiliary Nursing

Midwife (ANM) with respondent nos.1 & 2. After put in

number of years service, they claimed for

regularization. Petitioners submitted representation

to the employer. Still services of petitioners were not

regularized. Therefore, they filed complaints before

Industrial Court alleging unfair labour practice.

ii. Complainants sought interim relief under Section

30(2) of the MRTU & PULP Act. Applications for

interim relief came to be rejected. As Industrial Court

declined to issue directions to continue services of the

petitioners. Present petitions have been filed under

Articles 226 and 227 of the Constitution of India.

05] Vide order dated 08/03/2016, services of the

petitioners have been protected. Complaints are pending for

disposal before Industrial Court since 2015. In view of pendency

of complaints, this Court finds that following order would sub-

serve the interest of justice.

ORDER

I. The Industrial Court, Bhandara is directed to decide

the complaints filed by petitioners in accordance

with the law within a period of six months.

II. Interim relief granted by this Court vide order

dated 08/03/2016 to continue during pendency of

complaints before the Industrial Court.

III. Writ petitions are disposed of in above terms.

IV. No costs.

*sdw (Kum. Indira Jain.J.)