Bombay High Court
Ramesh Ratanlal Jaiswal vs The State Of Maharashtra And ... on 20 August, 2021
Bench: Ravindra V. Ghuge, S. G. Mehare
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
911 WRIT PETITION NO.3036 OF 2020
AUCHITRAO BHIKA GORADE
VERSUS
THE STATE OF MAHRASHTRA AND OTHERS
...
Advocate for the Petitioner : Shri More Ashok A.
AGP for the Respondents/ State : Shri S.B. Yawalkar
...
AND
912 WRIT PETITION NO.3037 OF 2020
SHRIRAM BHAVRAO KHAIRE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for the Petitioner : Shri More Ashok A.
AGP for the Respondents/ State : Shri P.S.Patil
...
AND
913 WRIT PETITION NO.3038 OF 2020
GULABRAO BHIMRAO KALE
VERSUS
THE STATE OF MAHRASHTRA AND OTHERS
...
Advocate for the Petitioner : Shri More Ashok A.
AGP for the Respondents/ State : Shri S.G. Sangle
...
AND
914 WRIT PETITION NO.4366 OF 2020
KISAN NARAYAN DUTONDE
VERSUS
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*2* 911to924
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for the Petitioner : Shri More Ashok A.
AGP for the Respondents/ State : Shri S.G. Sangle
...
AND
915 WRIT PETITION NO.4372 OF 2020
SUBHASH MURLIDHAR NAGARE
VERSUS
THE STATE OF MAHARASHTRA THROUGH SECRETARY
AND OTHERS
...
Advocate for the Petitioner : Shri More Ashok A.
AGP for the Respondents/ State : Shri S.G. Sangle
...
AND
916 WRIT PETITION NO.4373 OF 2020
LAXMAN YEDUBA JADHAV
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for the Petitioner : Shri More Ashok A.
AGP for the Respondents/ State : Shri S.G. Sangle
...
AND
917 WRIT PETITION NO.4374 OF 2020
SAHEBRAO BHIMRAO DALVI
VERSUS
THE STATE OF MAHARASHTRA THROUGH SECRETARY
AND OTHERS
...
Advocate for the Petitioner : Shri More Ashok A.
AGP for the Respondents/ State : Shri S.G. Sangle
...
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AND
918 WRIT PETITION NO.4375 OF 2020
SHENPHAD BALA DEOKAR
VERSUS
THE STATE OF MAHARASHTR AND OTHERS
...
Advocate for the Petitioner : Shri More Ashok A.
AGP for the Respondents/ State : Shri S.G. Sangle
...
AND
919 WRIT PETITION NO.4387 OF 2020
KADUBA SHENFADU GUND
VERSUS
THE STATE OF MAHRASHTRA AND OTHERS
...
Advocate for the Petitioner : Shri More Ashok A.
AGP for the Respondents/ State : Shri S.G. Sangle
...
AND
920 WRIT PETITION NO.4457 OF 2020
DEOLAL DAGDU BRAMHANE
VERSUS
THE STATE OF MAHRASHTRA AND OTHERS
...
Advocate for the Petitioner : Shri More Ashok A.
AGP for the Respondents/ State : Shri S.G. Sangle
...
AND
921 WRIT PETITION NO.4458 OF 2020
NANDKISHOR BHAVANI MIRKAR
VERSUS
THE STATE OF MAHARASHTRA THROUGH SECRETARY
AND OTHERS
...
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Advocate for the Petitioner : Shri More Ashok A.
AGP for the Respondents/ State : Shri S.G. Sangle
...
AND
922 WRIT PETITION NO.4460 OF 2020
DIGAMBAR SHANKARRAO KULKARNI
VERSUS
THE STATE OF MAHRASHTRA AND OTHERS
...
Advocate for the Petitioner : Shri More Ashok A.
AGP for the Respondents/ State : Shri S.G. Sangle
...
AND
923 WRIT PETITION NO.4462 OF 2020
DEORAO BHAGAJI BALANDE
VERSUS
THE STATE OF MAHRASHTRA AND OTHERS
...
Advocate for the Petitioner : Shri More Ashok A.
AGP for the Respondents/ State : Shri S.G. Sangle
...
AND
924 WRIT PETITION NO.7145 OF 2020
RAMESH RATANLAL JAISWAL
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for the Petitioner : Shri More Ashok A.
AGP for the Respondents/ State : Shri S.G. Sangle
...
CORAM : RAVINDRA V. GHUGE
&
S.G. MEHARE, JJ.
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DATE :- 20th August, 2021
Per Court :-
1. We have heard Shri More, the learned advocate
representing the petitioners and the learned AGPs on behalf of
respondent Nos.1, 2 and 3 in the respective petitions.
2. The learned advocate for the petitioner submits that
respondent No.4 is purely a formal party and the issue in these
petitions is between the petitioners and the Revenue Authorities
as regards execution of the Revenue Recovery Certificate (RRC)
under the Maharashtra Land Revenue Code, 1966 (MLRC). He,
therefore, prays for leave to delete respondent No.4. Leave
granted. Deletion be carried out forthwith.
3. The issue before us is as regards execution of the
Revenue Recovery Certificate issued by the competent authority
in relation to the gratuity amounts, which is payable to the
petitioners. Entire gratuity proceedings have culminated into
final judgment. The employer of the petitioners has not
challenged the judgment of gratuity, which has now attained
finality.
4. We find from the record that the Controlling
Authority as well as the Appellate Authority under the Payment
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of Gratuity Act, 1972 have delivered the respective judgments
quantifying the amount of gratuity payable to the petitioners.
Since these judgments have attained finality, there is no reason
for us to look there beyond.
5. There can be no dispute on the legal issue that once
the Revenue Recovery Certificate is issued by the competent
authority, the District Collector has to entrust the matter to a
responsible revenue officer, who has to ensure the recovery of
amounts by following the due procedure laid down under the
MLRC by treating the amounts as arrears of land revenue.
Needless to state, the employee's right to gratuity is well
recognized and it is the obligation of the employer to make the
payment of gratuity, failing which, interest can also be levied.
6. The learned AGPs appearing in the respective
petitions submit that they would not canvass against the
provisions of law and are aware that such amounts are treated as
arrears of land revenue so as to be recovered under the MLRC.
They pray for a reasonable time so as to enable respondent No.2
to initiate effective steps.
7. In view of the above, all these Writ Petitions are
disposed off with a direction to respondent No.2 to initiate
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appropriate steps to recover the amounts set out in the Revenue
Recovery Certificates by following the procedure laid down
under the MLRC. The said amounts shall be recovered on or
before 31.12.2021 and would be disbursed to the petitioners
promptly and preferably within 15 days from the date of
recovery.
kps (S.G. MEHARE, J.) (RAVINDRA V. GHUGE, J.)
