Parshuram Shahaji Boyane vs The State Of Maharashtra And ...
2022 Latest Caselaw 871 Bom

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                                                                       1238.22WP

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                          64 WRIT PETITION NO.1238 OF 2022

                         PARSHURAM SHAHAJI BOYANE
                                       VERSUS
                     THE STATE OF MAHARASHTRA & OTHERS
                                           ...
                    Advocate for the petitioner : Mr.G.K.Chinchole
                                h/f.Mr.S.M.Vibhute
                      AGP for Respondent-State : Mr.A.S.Shinde
                                           ...

                                 CORAM : S.V.GANGAPURWALA &
                                         S.G.DIGE, JJ.

DATE : 24.01.2022

P.C. :

1] The learned counsel for the petitioner submits that the validation proceeding is pending since the year 2017. The same is not yet decided. The employer has issued notice directing the petitioner to submit the validity certificate within a period of three days or else the services of the petitioner would be terminated.

2] The learned AGP accepts notice for all respondents.

3] To get the validation proceeding decided within the stipulated period is not in the hands of the litigant.

1238.22WP

4] The petitioner shall appear before the Committee on 21.02.2022. The Committee shall endeavour to decide the proceeding expeditiously and preferably within a period of six [06] months from the date of appearance of the petitioner. The petitioner shall co-operate in expeditious disposal of the proceeding.

5] The impugned notice is quashed and set aside.

6] The employer may not take adverse action against the petitioner only on the ground that validation proceeding is pending.

7] The employer may take further course of action depending upon the judgment that may be delivered by the Committee in the validation proceeding.

8] Writ Petition accordingly is disposed of. No costs.

[S.G.DIGE, J.] [S.V.GANGAPURWALA, J.]

DDC