Popat Yadav Bhamre vs State Of Maharashtra And Ors
2021 Latest Caselaw 942 Bom

                                                                                           33-wp-4724-2018.doc

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                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Jitendra   Digitally signed
           by Jitendra S.                     CIVIL APPELLATE JURISDICTION
S.         Nijasure
           Date: 2021.01.16
Nijasure   14:12:52 +0530


                                                 WRIT PETITION NO.4724 OF 2018

                              Shri Popat Yadav Bhamre                                ...Petitioner

                                    Versus

                              The State of Maharashtra & Ors.                        ...Respondents

                                                                 ----------
                              Mr. Vijay Killedar i/b. Ashwin R Kapadnis, for the Petitioner.
                              Mr. V.S. Gokhale, 'B' Panel Counsel for the State.
                                                                 ----------

                                                                 CORAM :          K.K. TATED &
                                                                                  R.I. CHAGLA, JJ.

                                                                 DATE         :   14 January 2021

                              ORDER :

1. Heard learned Counsel for parties.

2. By this Writ Petition under Article 226 of the Constitution of India,

the Petitioner is seeking direction against Respondent Nos.2 and 3 to grant

appropriate pay scale to the Petitioner according to law.

3. The learned Counsel for the Petitioner submits that the Industrial

Court by judgment dated 14th October, 2011 in Complaint ULP No.33 of

2010 directed the Respondent Nos.2 and 3 to provide the alternate

33-wp-4724-2018.doc

employment to the Petitioner as a Peon or in any other suitable post by

protecting his pay. The operative order of the said judgment is reads thus:-

ORDER

1. It is held that the respondents have committed unfair labour practices under items 5 and 9 of Sche.IV to the MRTU and PULP Act, 1971;

2. The respondents shall provide alternate employment to the complainant as a Peon or in any other suitable post by protecting his pay as said herein above;

3. The complainant shall be paid full wages from the date of filing of the complaint i.e. 3.2.2010.

4. The respondents shall grant to the complainant special disability paid leave for the period for which applications have been submitted, and as per Rules, as said herein above;

5. No order as to costs.

4. Learned Counsel for the Petitioner submits that thereafter

Respondent Nos.2 and 3 preferred Writ Petition No.9292 of 2012

challenging the order passed by the Industrial Court, Thane. He submits

that the said Writ Petition was dismissed by this Court by order dated 16th

July, 2014. He further submits that though the order passed by the

Industrial Court, Thane directed the Respondents to pay the same pay scale

to the Petitioner, they failed and neglected to comply with the said order.

Therefore, the Petitioner made representation dated 26th February, 2015

33-wp-4724-2018.doc

(Exhibit 'C' page 21 to 23 to the Petition), to the Respondent Nos.2 and 3

which is pending to be decided on his own merits. He submitted that in the

interest of justice this Hon'ble Court be pleased to direct the Respondent

Nos.2 and 3 to decide the representation on its own merits.

5. Inspite of service none appear on behalf of the Respondent Nos.2 and

3. Hence the following order:-

(a) The Petitioner is directed to re-serve the Respondent

Nos.2 and 3 by private notice along with entire proceedings

and copy of this order by hand delivery stating they shall

remain present on the next date and file Afdavit of Service

to that efect.

(b) Matter to appear on board on 27th January, 2021.

      [R.I. CHAGLA J.]                    [K.K. TATED, J.]