Citation : 2021 Latest Caselaw 16581 Bom
Judgement Date : 30 November, 2021
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 13135 OF 2021
Gangadhar Hanmanlu Fulanwar .. Petitioner
Versus
The State of Maharashtra and others .. Respondents
Mr. Sushant C. Yeramwar, Advocate for the Petitioner.
Mr. P. S. Patil, Addl. G. P. for Respondent Nos. 1 and 2.
CORAM : S. V. GANGAPURWALA &
R. N. LADDHA, JJ.
DATED : 30th November, 2021.
PER COURT:-
. According to the petitioner, the validation proceeding is pending
since the year 2017. The same is not yet decided. The employer has
issued notice directing the petitioner to produce the validity certificate
or else coercive action would be taken.
2. The learned Addl. G. P. accepts notice for respondent Nos. 1
and 2.
3. The petitioner shall appear before the committee on 15.12.2021.
The committee shall thereafter decide the validation proceeding
expeditiously and preferably within a period of six (06) months from
the date of appearance of the petitioner. The petitioner shall co-operate
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in expeditious disposal of the proceeding.
4. The impugned notice issued by the employer is quashed and set
aside.
5. The employer may not take adverse action against the petitioner
only on the ground that validation proceeding is pending. The
employer may take further course of action depending upon the
judgment that would be delivered by the committee in the validation
proceeding.
6. Writ petition is disposed of. No costs.
( R. N. LADDHA ) ( S. V. GANGAPURWALA )
JUDGE JUDGE
P.S.B.
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