The Secretary, Tilak Rastriya ... vs Vijay S/O Wamanrao Paulzagade
2022 Latest Caselaw 11755 Bom

                                                              1                           1-wp-5332-21.odt




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

                            WRIT PETITION NO. 5332 OF 2021
    The Secretary, Tilak Rashtriya Vidhyalaya, Khamgaon and another
                                    Vs.
                     Vijay s/o Wamanrao Paulzagade

Office Notes, Office Memoranda                          Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders

                                  Mr. Sagar Katkar, Advocate for the Petitioners
                                  Mr. R.R. Shrivastava, Advocate for the Respondent




                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 17th NOVEMBER, 2022.

Mr. Katkar, learned counsel for the petitioners submits that similar issue is raised in Writ Petition No.4601/2022, which is according to him listed in the 1st week of December, 2022 and both the matters can be decided together, considering which tag the present petition with Writ Petition No.4601/2022. The judgment of the Labour Court directs reinstatement with full back wages which has been modified by the Industrial Court in revision by reducing the back wages to 50%.

2. Mr. Katkar, learned counsel for the petitioners, upon instructions, submits that the challenge is only to the extent of awarding backwages of 50% and not reinstatement, as the respondent has already superannuated. The order of the Industrial Court is dated 02/03/2020, however, since then, it is the 2 1-wp-5332-21.odt

grievance of Mr. Shrivasata, learned counsel for the respondent that inspite of the aforesaid order, not a single pie has been paid, considering which the petitioners are hereby directed to deposit 50% of the backwages in this Court by the 1st week of December 2022.

JUDGE

MP Deshpande

Digitally signed by:MILIND P DESHPANDE Signing Date:17.11.2022 18:27