Bombay High Court
The Dy. Conservator Of Forest Wild ... vs Sau.Chandrarekha W/O ... on 15 June, 2017
Bench: B.P. Dharmadhikari
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
LETTERS PATENT APPEAL NO.274 OF 2007
IN
WRIT PETITION NO. 3507 OF 2007
1 The Deputy conservator of Forest,
Wild Life, Allapalli at present
Mul Road, Chandrapur
2 The Chief conservator of Forest,
Wild Life Forest Division,
4rth Floor, Seminari Hills,
Ambedkar bhavan,
Near T.V. Tower, Nagpur
(At present near Government
Printing Press, Civil Lines, Nagpur ... APPELLANTS
// VERSUS //
Sau. Chandrarekha w/o. Chandrabhan
Raut,
R/o. Alapalli,
At present R/o.Indira Nagar,
Ambedkar Chowk,
MulRoad, Chandrapur. ..RESPONDENT
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Mr.P.S.Tembhare, AGP for Appellants
Mr.Ghate, Advocate for the Respondent
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CORAM : B.P.DHARMADHIKARI, J.
R.B.DEO, J.
DATE : 15.06.2017.
ORAL JUDGMENT (Per B.P.Dharmadhikari, J) :
1 We have heard respective counsel yesterday. The
termination of respondent workman was found bad by
Labour Court, Chandrapur in Reference I.D. 1 of 2002
dated 21.09.2006. She was given relief of reinstatement
with continuity and back wages from the date of
termination till reinstatement. Award delivered by Labour
Court shows that Labour Court has accepted date 5.9.1992
as date of entry into service and date 25.1.2001 as date of
permanency. This Award was questioned by appellant in
Writ Petition No. 3007 of 2007 before learned Single Judge
of this Court. Vide Judgment dated 20.8.2007, the learned
Single Judge has dismissed the writ petition. Learned AGP
Shri Tembhare invited our attention to subsequent events.
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He points out that as learned Single Judge did not stay the
judgment and in L.P.A. also there was no interim order to
reinstatement, the respondent was provided work. She has
been given benefit of Government Resolution dated
16.10.2016 and accordingly has been appointed on a super
numeracy post with effect from 1.6.2012. He submits that
in view of constitution Bench judgment of Hon'ble Apex
Court in the case of Secretary, State of Karnataka & Ors. Vs.
Umadevi & Ors. reported AIR 2006 SC 1806, as a one time
measure the policy decision was taken by State
Government. According to him, in the situation, the L.P.A.
itself has become infractious.
2 Advocate Shri Ghate submits that as date of initial
entry into service and date of termination are accepted and
thereafter there is a reinstatement with continuity and full
wages, date of entry i.e. 5.12.1992 can not be overlooked
and hence mention of date 1.6.2012 in order of
appointment dated 19.12.2012, is irrelevant. He submits
that denial of past service to respondent in this situation
may itself constitute an unfair labour practice.
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3 Learned AGP in reply submits that granting relief of
reinstatement to respondent does not automatically result
in regularization or grant of permanency. The decision
reached subsequently is in terms of policy decision
mentioned Supra and hence the other contentions are now
not material.
4 The respondent is already provided work and is
working. The respondent has also given up back wages and
as such, the Award to the extent of grant of back wages can
not be implemented and executed against employer.
Question about Date of service put in by petitioner between
5.12.1992 to 1.6.2012 is not relevant in present matter. If
respondent has for the purposes of securing benefit of
regularization given some undertaking, its impact may also
require consideration independently.
5 Therefore, leaving these issues open, we accept
submission of learned AGP that because of order of
appointment dated 29.12.2012, present challenge is
rendered infractious. Accordingly L.P.A. is disposed of.
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Needless to mention that the other contentions raised by
Advocate Shri Ghate are kept open. No costs.
JUDGE JUDGE
belkhede, PA
