Bombay High Court
Nagar Parishad, Kamptee Through ... vs Shri Ashok Babulal Hadoti And ... on 28 July, 2022
Bench: Avinash G. Gharote
(1) 206.wp.146.2018
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.146 OF 2018
Nagar Parishad, Kamptee, Through its Chief Officer, Tah. Kamptee, Distt. Nagpur
Vs.
Ashok Babulal Hadoti and another
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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. M. I. Dhatrak, Advocate for petitioner.
Mr. Vinay Dahat, Advocate h/f J. B. Kasat, Advocate for respondent no.1.
Mrs. S. S. Jachak, AGP for respondent no.2.
CORAM : AVINASH G. GHAROTE, J.
DATE : 28/07/2022
1. Heard Mr. Dhatrak, learned counsel for the
petitioner.
2. The petition challenges the judgment dated
6.7.2017, whereby the complaint filed by the respondent
no.1 before the learned Industrial Court under Section 5
read with Section 28 of the Maharashtra Recognition of
Trade Unions and Prevention of Unfair Labour Practices
Act, 1971 (herein referred as "MRTU and PULP Act") has
been allowed, with a direction to the petitioner Nagar
Parishad Kamptee to issue appointment order to
Khemraj Ashok Hadoti (the son of the respondent no.1)
on compassionate basis within a period of three months
in Class-IV post. It is contended by Mr. Dhatrak, learned
counsel for the petitioner that the respondent no.1 was
initially appointed as 'Safai Kamgar' with the petitioner
(2) 206.wp.146.2018
which was Class-IV post. The respondent no.1 was
promoted as a Driver on 31.1.1983, which was a Class-III
post. On account of ill health, the respondent no.1 took
voluntary retirement from the services on 31.3.2011.
After the voluntary retirement having retired from the
services, an application was made on 11.4.2011 by the
respondent no.1, to grant appointment on compassionate
basis to his son Khemraj Ashok Hadoti. Since nothing
was done, the complaint filed as indicated above, was
allowed and the directions granted were issued.
3. Mr. Dhatrak, learned counsel for the
petitioner submits that once the respondent no.1, took
voluntary retirement, the application on 11.4.2011,
made by him, was not tenable, and since there was no
relationship of employer and employee remaining
between the respondent no.1 and the petitioner, the
provisions of MRTU and PULP Act, were not attracted.
Even otherwise, under the various Government
resolutions passed from time to time, it was not
permissible for the respondent no.1, to have made an
application or for that matter, for the learned Court
below to have entertained the same as such resolutions
clearly made the scheme for appointment on
compassionate basis inapplicable to employees, who
were promoted to Class-III post. Such scheme according
to him, was only available to the 'Safai Kamgars', who
were employed in the Class-IV posts. It is further
(3) 206.wp.146.2018
contended that in spite of the same having being noticed
as is indicated by a perusal of para 19 of the impugned
judgment, the learned Court below merely on misleading
of the judgment of this Court in Chief Officer, Shirdi
Municipal Council, Shirdi, Ahmednagar Vs. Director,
Directorate of Municipal Administration, Mumbai and
Anr. 2016 II CLR 373 has passed the impugned
judgment. It is further contended that the impugned
judgment is clearly not attracted as the position extant
therein is not available in the present matter, and
therefore, the judgment had no applicability.
4. At this stage, the learned counsel for the
respondent no.1, appears and makes a statement that the
respondent no.1 has passed away, and he be permitted to
take instructions from the legal heirs of the respondent
no.1, regarding further appearance, considering which,
list the matter on Monday i.e. on 1.8.2022.
JUDGE
Sarkate
Digitally signed byANANT R
SARKATE
Signing Date:29.07.2022
19:16
