Buldhana District P.W.D.Det.7 ... vs State Of Maharashtra & Another
2017 Latest Caselaw 5035 Bom

                                                                                                   wp.5053.04

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

                              WRIT PETITION NO. 5053/2004 

         Buldhana District P.W.D. Department & 
         irrigation & Zilla Parishad 
         Workers Union 
         Registered No. NGP/ 3539
         Through its  General Secretary 
         At & Po:Chikhali,  Dist.Buldhana.                                              ..PETITIONER

                        VERSUS

1)       State of Maharashtra 
         Through its  Secretary 
         Ministry of irrigation (Old PWD) 
         Mantralaya, Mumbai-32. 

2)        The  Executive Engineer 
          Buldhana Irrigation Department 
          Buldhana.                                                                ..RESPONDENTS
                                                                                                              . 
...................................................................................................................
    Mr. Rohit Vaidya, Adv.h/for Mr. A. Parchure,  Advocate for petitioner 
                 Mrs. Geeta Tiwari, AG.P. for respondent nos.1  & 2  
...................................................................................................................
                                                          
                                                 CORAM :  R.K. DESHPANDE &
                                                                  MRS.SWAPNA JOSHI, JJ.

                                                 DATED :    25         th
                                                                         July, 2017
                                                                                           

ORAL JUDGMENT: (Per R.K.DESHPANDE, J.)

The petition challenges the order of the Maharashtra

Administrative Tribunal passed on 18.3.2004 rejecting the petition

challenging the retrenchment from service.

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2. It is not in dispute that the petitioner did not complete five

years continuous service as a Class IV employee in the service of the

respondents. Hence, the provisions of Kalelkar Award to bring him on

C.R.T. are not attracted. No fault can be found with rejecting such a

claim.

3. It is the case of the petitioner that he was employed as a

project affected person and, therefore, he should have been absorbed

in some other employment. In view of the decision of the Full Bench of

this Court in the case of Rajendra Pandurang Pagare and another vs.

State of Maharashtra and others, reported in 2009(4) Mh.L.J. 961,

wherein it has been held that in the matter of employment under the

project affected persons, cannot be by way of back-door entry, but it has

to be after complying with the provisions of Articles 14 and 16 of the

Constitution by providing opportunity to all the persons similarly

situated, such claim cannot be accepted.

4. In the absence of any finding on the question as to whether

the petitioner rendered continuous service of 240 days preceding the

date of retrenchment, the question of violation of provisions of Section

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25-F of the Industrial Disputes Act does not at all arise.

5. In the result, the Writ Petition is dismissed. Rule discharged.

No order as to costs.

                         JUDGE                         JUDGE

sahare