Bombay High Court
Vijay S/O Krishnarao Mohite And ... vs Collector, Yavatmal And Anr on 14 June, 2017
Bench: V.A. Naik
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1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.5569/2011
PETITIONERS : 1. Vijay s/o Krishanarao Mohite,
Aged about 47 years, Occupation :
Presently Nil, R/o Sawangi (Parka), Taluq
Ralegaon, District Yavatmal.
2. Nandkishore Kashinath Bhagwat,
aged about 52 years, Occupation : Presently Nil,
r/o Sambhaji Nagar, Khadatkar House, Yavatmal.
...VERSUS...
RESPONDENTS : 1. Collector, Yavatmal, District, Yavamal.
2. Tahsildar, Employment Guarantee Scheme,
Taluq Ralegaon, District Yavatmal.
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Shri R.M. Ahirrao, Advocate for petitioners
Mrs. Mrunal Naik, AGP for respondents
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CORAM : SMT. VASANTI A NAIK AND
ARUN D. UPADHYE, JJ.
DATE : 14.06.2017
ORAL JUDGMENT (PER : SMT. VASANTI A. NAIK, J.)
By this petition, the petitioners have challenged the order of
the respondent no.1 - Collector, Yavatmal, dated 17.9.2010 rejecting the
claim of the petitioners for their absorption as Mustering Assistants in
view of the policy of the State Government as laid down in the
Government Resolutions dated 1.12.1995, 21.4.1999 and 30.1.2004.
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The petitioners were appointed as Mustering Assistants
under the Employment Guarantee Scheme on 18.2.1982. The petitioners
worked for about 6 years and their services were terminated by the orders
dated 30.6.1988. The petitioners filed a complaint before the Labour
Court and the Labour Court granted stay to the orders of termination on
8.9.1988. Despite the grant of stay, the respondents did not permit the
petitioners to work as Mustering Assistants under the Employment
Guarantee Scheme. The complaint filed by the petitioners was allowed
and the orders of termination were quashed and set aside. The
respondents challenged the order before the Industrial Court. The
Industrial Court allowed the revision filed by the respondents and set
aside the order passed by the Labour Court. The petitioners filed a writ
petition challenging the orders of the Industrial Court. This Court held
that the orders of the Industrial Court were just and proper and they were
not liable to be interfered with. However, this Court permitted the
petitioners to make a representation in pursuance of the aforesaid
Government Resolutions for their absorption as Mustering Assistants. The
petitioners made the representations that were rejected by the impugned
order dated 17.9.2010.
Shri Ahirrao, the learned Counsel for the petitioners
submitted that the respondent no.1 - Collector was not justified in
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rejecting the representations made by the petitioners. It is submitted that
since a stay was granted to the order of termination of the Labour Court
on 30.6.1988, the petitioners should have been deemed to have been in
service as Mustering Assistants under the Employment Guarantee
Scheme. It is submitted that merely because the petitioners were not
actually serving as Mustering Assistants under the Employment Guarantee
Scheme on the cut-off date, i.e., 31.5.1993, the Collector could not have
rejected the representations made by the petitioners. It is submitted that
by the Government Resolution dated 30.1.2004, the State Government
had decided to absorb even those Mustering Assistants, who were not
actually in service on the cut-off date but who had worked as Mustering
Assistants under the Employment Guarantee Scheme.
Mrs. Naik, the learned Assistant Government Pleader
appearing for the respondents has supported the order of the Collector. It
is submitted that on a combined reading of the Government Resolutions,
it is clear that only those Mustering Assistants that were actually in
service as on 31.5.1993 were entitled to be absorbed as Mustering
Assistants. It is submitted that on the relevant date the petitioners were
not working as Mustering Assistants as they had ceased to work as
Mustering Assistants in the year 1988 only. It is submitted that the
petitioners are out of job for nearly 30 years and since the Government
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Resolutions are not applicable to their cases, they cannot seek their
absorption.
On a reading of the Government Resolutions on which the
learned Counsel for the petitioners has relied, it appears that the
petitioners have not made out a case for their absorption as Mustering
Assistants. Admittedly, the petitioners had actually worked under the
Employment Guarantee Scheme only till 30.6.1988. Though some interim
orders were passed in favour of the petitioners by the Labour Court, the
petitioners were not permitted to rejoin their duties as Mustering
Assistants under the Employment Guarantee Scheme. The petitioners
never worked as Mustering Assistants after they were terminated on
30.6.1988. As per the Government Resolutions, the benefit of absorption
is available only to those Mustering Assistants who were actually serving
under the Employment Guarantee Scheme on 31.5.1993. Though there
was an interim order in favour of the petitioners, the petitioners were not
permitted to work as Mustering Assistants and they were not actually in
service as per the requirement of the Government Resolutions. The
Collector considered this aspect of the matter while rejecting the
representations made by the petitioners. We do not find any illegality in
the action on the part of the Collector in rejecting the representations
made by the petitioners. Even otherwise, since the petitioners were
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appointed in the year 1982, the petitioners must have either attained the
age of superannuation or must be on the verge of attaining the age of
superannuation and hence, their absorption cannot be granted, more so,
when they are out of service for nearly 30 years.
Since the petitioners would not have a right to claim their
absorption in view of the Government Resolutions, the writ petition is
dismissed with no order as to costs. Rule stands discharged.
JUDGE JUDGE
Wadkar
