Digambar Lingram Pentewad vs The State Of Maharashtra And ...
2021 Latest Caselaw 9375 Bom

                                      (1)                                1047-wp-6227-2021




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD

                 1047 WRIT PETITION NO.6227 OF 2021

 DIGAMBAR LINGRAM PENTEWAD                                         ..PETITIONER

                  VERSUS

 THE STATE OF MAHARASHTRA AND ANOTHER ..RESPONDENTS
                         ...
 Mr. Madhur A. Golegaonkar, Advocate for the
 Petitioner.
 Mr. S. G. Karlekar, AGP for Respondents-State.
 Mr. N. C. Patil h/f Mr. U. B. Bondar, Advocate for
 Respondent Nos.3 and 4.
                                            ...

                                CORAM : S. V. GANGAPURWALA &
                                        R. N. LADDHA, JJ.

                                DATED : 16th JULY, 2021.
 PER COURT:-

 1.                     It      is          submitted          that         validation
 proceeding is pending.                           The employer has issued
 notice          to      the    petitioner               to     submit          validity
 certificate or else service would be terminated.


 2.               We     have    heard            Mr.    Golegaonkar,             learned
 counsel for the petitioner and Mr. Patil holding
 for      Mr.      Bondar,       learned           counsel         for      respondent
 nos.3 and 4.


 3.               To get the proceedings decided within a
 stipulated             time     is         not     in    the       hands        of      the
 litigants.




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                                    (2)                            1047-wp-6227-2021



 4.               In      light    of      the   above,        we      pass       the
 following order:
                                         ORDER

a. The impugned show cause notice is quashed and set aside.

b. The petitioner shall appear before the Committee on 30.07.2021.

c. The Committee shall endeavour to decide the proceeding preferably within a period of six (06) months from the date of appearance of the petitioner before it.

d. The respondents shall not take adverse action against the petitioner only on the ground that validation proceeding is pending.

e. The respondents may take further course of action depending upon the judgment that would be delivered by the Committee in the validation proceeding.

5. Writ Petition is disposed of. No costs.

   (R. N. LADDHA)                                (S. V. GANGAPURWALA)
         JUDGE                                          JUDGE


 Devendra/July-2021