Bombay High Court
Maharashtra Gramin Bank Thr Its ... vs Archana Mahendra Arbat And Others on 4 October, 2021
Bench: Ravindra V. Ghuge, S. G. Mehare
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO.10452 OF 2021
IN WP/8023/2020
MAHARASHTRA GRAMIN BANK THR ITS BRANCH
CHAIRMAN AND OTHERS
VERSUS
ARCHANA MAHENDRA ARBAT AND OTHERS
...
Advocate for the Applicant : Shri Shahane Pradeep L. a/w Shri
Parag P. Shahane.
Advocate for the Respondents/ Petitioners/ Employees : Shri
A.D. Kasliwal
...
CORAM : RAVINDRA V. GHUGE
&
S.G. MEHARE, JJ.
DATE :- 04th October, 2021
Per Court :-
1. By judgment dated 08.09.2021, which was dictated
in open court, Writ Petition No.8023/2020 was allowed and the
applicant/ Bank was directed to reinstate the petitioners/
employees on the positions which they had occupied by virtue of
their appointments on compassionate basis. Their termination
was held to be illegal. The bank was directed to reinstate the
petitioners/ employees within two weeks.
2. This Civil Application has been filed by the
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applicant Bank stating that the judgment dated 08.09.2021 was
uploaded on 14.09.2021 and that the board meeting of the
applicant Bank is likely to take place in the last week of October,
2021 or the first week of November, 2021. The copy of the
communication received by Shri P.L.Shahane, the learned
advocate representing the applicant Bank, dated 04.10.2021 is
placed before us, which is marked as "X" for identification.
3. Clause 4 of the document "X" indicates the
statement made by the General Manager of the bank that the
bank would implement the order of this Court after apprising the
board and getting directions from the board.
4. The learned advocate for the petitioners/ employees
submits that they were already appointed on compassionate
ground and based on misconceived information that their
appointments are irregular, they were terminated and were made
to work through the contractor. They have already lost the sole
bread earners of their families and the entire family depends on
the compassionate appointment. He submits that a short period
may be granted by way of an extension.
5. The learned advocate for the applicant/ Bank
submits, on instructions, that the bank does not desire to flout the
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orders of this Court. The Bank will certainly implement the
directions issued by this Court. It is only a matter of procedure
that the board would direct the implementation of the orders of
this Court.
6. In view of the above, this Civil Application is partly
allowed with the following directions :-
(a) Time to reinstate the petitioners/ employees is
extended till 25.10.2021.
(b) The board meeting of the applicant/ Bank can be
urgently convened for dealing with this issue and such meeting
of the Board of Directors can be held even by video
conferencing.
(c) It may be noted that there would be no extension of
time beyond 25.10.2021.
(d) The reinstatement of the petitioners/ employees shall
be effective from 22.09.2021.
(e) The petitioners/ employees would be entitled for
wages from the effective date of their reinstatement
notwithstanding that the order of reinstatement would be issued
on or before 25.10.2021.
(f) Unpaid salaries, as mentioned in paragraph 14 of the
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judgment dated 08.09.2021, would be paid to the petitioners/
employees, on or before 30.10.2021.
kps (S.G. MEHARE, J.) (RAVINDRA V. GHUGE, J.)
