Bombay High Court
Jairam S/O Mahadeo Shende vs Zilla Parishad, Through The Chief ... on 15 November, 2021
Bench: Avinash G. Gharote
(1) 36.cp.221.2019
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CONTEMPT PETITION NO.221 OF 2019
IN
WRIT PETITION NO.22 OF 2015 (D)
Jairam s/o Mahadeo Shende
Vs.
Zilla Parishad, Bhandara through the Chief Executive Officer, Shri Ravindra Jagtap and
others
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Mr. Dr. A. H. Jamal, Advocate for petitioner.
Ms. Meghna Munshi, Advocate for respondent Nos.1 to 3.
CORAM : AVINASH G. GHAROTE, J.
DATE : 15/11/2021
By Judgment dated 22.11.2018, this Court
has directed reinstatement of the petitioner with
continuity of service and full back wages. Insofar as the
directions regarding payment of back wages is
concerned, the Hon'ble Apex Court, by an order dated
23.09.2019 while declining to interfere in the impugned
judgment has issued notice only with regard to back
wages, while rest of the order is confirmed and the
petitioner therein was directed to reinstate the
respondent therein as a workman.
2. Consequent thereto an application for
speaking to minutes was filed vide Civil Application
(CAW) No.2970 of 2019, wherein after noticing what has
been directed by the Honb'le Apex Court in order dated
23.09.2019, this Court held that the reinstatement of the
applicant/petitioner, was to be on the post of Peon.
(2) 36.cp.221.2019
3. Ms. Munshi, learned counsel for the
respondent Nos.1 to 3 submits that the petitioner has
been reinstated as a workman as per the directions of the
Hon'ble Apex Court in Special Leave Petition (Civil) Diary
No(s).16573 of 2019, dated 23.09.2019, and is being
paid the wages which he was being paid earlier.
4. The entitlement of the petitioner on the post
of Peon has since then being clarified by this Court by the
order dated 04.12.2019 and therefore, the petitioner
would be entitled to be reinstated to the post of Peon and
all benefits thereto, except back wages, in view of the
order of the Hon'ble Apex Court dated 23.09.2019. The
respondent No.1 therefore, will have to pay to the
petitioner the salary of a Peon as per the directions of this
Court. The contention that the proposal in this regard
has been sent to the concerned department of the
Government and is taking time cannot be understood to
mean there should be indefinite wait for the petitioner.
The respondent No.1 therefore, is directed to fully
comply with the judgment dated 22.11.2018, order dated
04.12.2019, except the issue of back wages, within a
period of two months from today and place a compliance
report before this Court at the end of the above period.
JUDGE
Sarkate
