Sanjay S/O Zadbaji Meshram vs Maha. State Road Transport ...
2022 Latest Caselaw 8125 Bom

                                                                                           (1)                                                 9.wp.5579.2021

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      NAGPUR BENCH : NAGPUR

                                               WRIT PETITION NO.5579 OF 2021

                          Sanjay s/o Zadbaji Meshram
                                      Vs.
Maharashtra State Road Transport Corporation, through its Divisional Traffic Officer,
                             Bhandara and another
  ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Office Notes, Office Memoranda of Coram,                                                                     Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
  ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                          Mr. C. V. Jagdale, Advocate for petitioner.


                                                                           CORAM :                      AVINASH G. GHAROTE, J.

DATE : 20/08/2022

1. Learned Labour Court by the judgment dated 28.11.2017 has granted reinstatement with full back wages (page 27). The learned Industrial Court in revision, by the judgment dated 17.1.2019 maintained the order of reinstatement, however has set aside the direction to pay full back wages on the ground that there is no pleading that the petitioner was not gainfully employed during the period between his termination and his reinstatement (para 9/ page 33). Inviting my attention, to the application filed under Section 30(2) of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act (MRTU and PULP) before the learned Labour Court, it is contended that such an averment has been made in (para 3/page 71) of the application and therefore the judgment of the learned Industrial Court which does not consider this, is incorrect.

(2) 9.wp.5579.2021

2. Issue notice to the respondents for final disposal of the matter, returnable in four weeks.

3. Pettitioner to serve the respondents by all modes permissible in law.

4. Hamdast granted.

JUDGE

Sarkate

Digitally signed byANANT R SARKATE Signing Date:20.08.2022 17:08