Bombay High Court
Chief Officer, Municipal ... vs Asha Venkatrao Deshmukh on 2 May, 2017
Bench: P.R. Bora
1 WP NO.2698 of 1998
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.2698 OF 1998
The Chief Officer,
Municipal Council, Latur,
Tq. & Dist. Latur.
...PETITIONER
VERSUS
Sou.Asha w/o Venkatrao Deshmukh,
Age 32 years, Occu. Service,
R/o Naik Bunglow, Vivekanandapuram,
Latur, Tq. & Dist. Latur.
...RESPONDENT
...
Mr. A.P.Deshmukh, Adv., h/f Mr. V.D.Hon, Adv. for the
petitioner.
Mr.C.R.Deshpande, Adv., for respondent / caveator.
...
CORAM: P.R.BORA, J.
DATE : May 2nd, 2017
***
ORAL JUDGMENT:
1. When the present matter is taken up for
hearing, learned counsel for the petitioner has tendered
across the Bar order dated 3rd of September, 2014, issued
by the petitioner Municipal Corporation in respect of giving
benefit of continuity in service to respondent herein.
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2 WP NO.2698 of 1998
Learned counsel for the petitioner has also placed on
record copy of application submitted by the present
respondent to the petitioner.
2. Learned Counsel for the petitioner submits that
in view of the communication received from the
respondent, waiving the right of claiming back-wages and
only insisting for continuity in service, order dated 3rd
September, 2014, has been passed. Learned counsel
submits that even otherwise, this Court had granted
interim stay so far as backwages is concerned. Learned
Counsel submits that barring the order of backwages, the
other order has been complied with.
3. In view of the fact that the respondent has been
reinstated in service and benefit of continuity has also
been given to her and further considering the fact that the
respondent has waived her right for backwages, the
present petition can be disposed of by modifying the order
of the Industrial Court impugned in the present petition.
4. Learned Counsel appearing for respondent
submits that he has no instructions since last couple of
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3 WP NO.2698 of 1998
years from the respondent employee. However, learned
Counsel further submitted that for want of instructions, he
is also not in a position to deny or dispute the submission
made on behalf of the petitioner that the respondent has
waived her right to claim backwages. I also see no
reason to disbelieve the document placed on record and
the submission made by the learned Counsel appearing for
the petitioner. In view of the fact that the petitioner has
been reinstated with continuity of service, the order
passed by the Industrial Court has been substantially
complied with. Further, in view of the fact that the
respondent has waived her right to claim backwages, I am
inclined to dispose of the present petition with the
following order:
ORDER
1. The order passed by the Industrial Court
impugned in the present petition, so far as it relates to
backwages, stands quashed and set aside. The writ
petition, thus, stands partly allowed. Rule made absolute
in above terms.
(P.R.BORA)
JUDGE
AGP/2698-98wp
