Bombay High Court
Maharashtra State Board Of ... vs Govind Shyamrao Meshram on 23 June, 2022
Bench: Manish Pitale
10-WP4335.19.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 4335 OF 2019
Maharashtra State Board of Secondary and Higher
Secondary Education, Pune and another
-Vs.-
Govind Shyamrao Meshram (dead thr. LRs)
Sangita Govind Meshram and others
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
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Mr.M.R.Sakharkar, counsel h/f Mr. D.S.Thakur, counsel for
the petitioners.
Mr.Yusuf Jamil Sheikh, counsel for the respondents.
CORAM : MANISH PITALE, J.
DATE : 23.06.2022
By this petition, the petitioners, i.e. Maharashtra
State Board of Secondary and Higher Secondary
Education Pune have challenged order dated
04/02/2019, passed by the Industrial Court No.2,
Nagpur, whereby a revision application filed by the
petitioners was partly allowed and order passed by the
Labour Court, Nagpur, dated 26/04/2018, was
modified.
2. In the present case, during the pendency of the
writ petition, the respondent-employee expired and his
legal representatives had been brought on record. The
respondent was initially appointed in Class-IV category
with the petitioners and subsequently he was taken up
in the Class-III category as junior clerk. A complaint
under section 28 of the Maharashtra Recognition of
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Trade Unions and Prevention of Unfair Labour Practices
Act, 1971, was filed by the respondent raising certain
grievance. By the aforesaid order dated 26/04/2018,
Labour Court partly allowed the complaint and held
that the order dated 23/09/1999, passed by the
petitioners terminating the service of the respondent,
was inappropriate. But, by the time, the Labour Court
passed the said order, the respondent had attained the
age of superannuation and therefore, as per Clause-4 of
the said order, monetary benefit to the extent of 75% of
the salary was granted to the respondent.
3. On a challenge raised by way of revision before
the Industrial Court on behalf of the respondent, the
order of the Labour Court was modified and the
Industrial Court in the impugned order held as follows:
"O R D E R
1] Revision (ULP) No.134/2018 is hereby partly allowed.
2] Clause-4 in the judgment and order dated 26.04.2018
passed by the learned labour Judge in respect of
payment of 75% salary from 23.09.1999 is hereby
quashed and set aside.
3] Respondents are directed to pay 50% of salary from the
date of suspension i.e. from 23.09.1999 up to next 3
months 25% of salary for next 3 months and 100% from
the date of dismissal till retirement to the complainant.
4] Respondents are further directed to pay salary of
complainant from the date of dismissal i.e. from
26.09.2012, i.e. towards reinstatement and full back
wages along with interest and consequential benefits
arising there from.
5] No order as to costs.
6] R. & P. be sent back to First Labour Court, Nagpur
immediately."
4. The petitioners challenged the said order by
filing the present writ petition, wherein notice was
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issued and interim order was granted, subject to the
petitioners depositing amount in this Court. Pursuant
to the said direction, the petitioners deposited an
amount of Rs.3,53,164/- in this Court.
5. As noted above, during the pendency of the
present writ petition, the respondent had expired and
that his legal representatives were brought on record.
On 21/04/2022, this Court directed that an amount of
Rs.1,50,000/- be disbursed to the legal representatives
of the respondent, subject to the final outcome of the
present writ petition and the petition was directed to be
listed for final disposal today.
6. Heard the learned counsel for the rival parties.
This Court has perused the impugned order passed by
the Industrial Court.
7. It is significant that although the Industrial
Court by the impugned order interfered with the order
of the Labour Court and modified the same, the
respondent-employee did not make any grievance
regarding the same and instead the petitioners
approached this Court.
8. This Court has heard the learned counsel for the
petitioners, who has raised various grounds to indicate
that the modified relief granted by the Industrial Court
by the impugned order ought not to have been granted
to the respondent. But, having perused the impugned
order and upon considering the reasoning of the
Industrial Court in arriving at its findings, this Court is
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of the opinion that the petitioners have failed to make
out a case for interference in the impugned order.
9. In fact, by partly allowing the revision
application filed by the petitioners, the Industrial Court
had sufficiently addressed the grievance raised on
behalf of the petitioners in this petition and this Court
finds no reason to further grant any relief to the
petitioners while exercising writ jurisdiction. No case is
made out by the petitioners for this Court to invoke its
jurisdiction to interfere with the well reasoned order of
the Industrial Court.
10. In view of the above, the writ petition is
dismissed. No order as to costs.
11. The balance amount lying in this Court along
with accrued interest, if any, shall be disbursed
forthwith, in favour of the legal representatives of the
respondent. It is contended on behalf of the respondent
that the amount deposited in this Court was not the
entire amount in terms of the impugned order passed
by the Industrial Court. In that regard, the petitioners
are directed to calculate the further amount that is due,
if any, to the respondent. The exercise of calculating the
said amount shall be completed and amount found to
be due to the respondent shall be disbursed to the legal
representatives of the respondent within eight weeks
from today.
Signed By:GHANSHYAM S
KHUNTE JUDGE
Signing Date:24.06.2022 18:24
KHUNTE
