Gram Panchayat, Ghorad, Thr. Its ... vs The Block Development Officer ...
2022 Latest Caselaw 9172 Bom

                                                                                                        930wp 5606.2022.odt
                                                                1

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

                                         Writ Petition No. 5606/2022
[GRAM PANCHAYAT, GHORAD, THR. ITS SARPANCH, SELOO, WARDHA AND ANR. ..VS.. THE
       BLOCK DEVELOPMENT OFFICER PANCHAYAT SAMITI, SELOO, WARDHA AND ANR.]
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Office Notes, Office Memoranda of                                     Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order__________________________________________________________
                                          Mr. S.S. Ghate, Advocate for the petitioners

                                           CORAM :              MANISH PITALE, J.

DATED : 13/09/2022

Heard the learned Counsel for petitioners.

2. It is submitted that in the present case, respondent no. 2 was temporarily engaged by the petitioners - Gram Panchayat. It is further submitted that the order of termination of service of respondent no. 2 was challenged by him by filing Appeal before the Block Development Officer. The Appeal was allowed and aggrieved by the same, the petitioners-Gram Panchayat approached the Chief Executive Officer, Zilla Parishad. By an order dated 04.07.2016, the Chief Executive Officer of the Zilla Parishad set aside the order of the Block Development Officer and held in favour of the Gram Panchayat thereby confirming the order of termination.

3. It is thereafter that respondent no. 2 approached the Labour Court by filing Complaint under Section 28 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. The

SMGate 930wp 5606.2022.odt

Labour Court partly allowed the Complaint directing reinstatement and other reliefs to be granted to respondent no. 2.

4. Aggrieved by the same, the petitioners filed the Revision Application before the Industrial Court wherein an interim order was granted in favour of the petitioners- Gram Panchayat but, eventually by the judgment and order dated 25.04.2022, the Revision Application has been dismissed. As on today, respondent no. 2 has filed Contempt Petition before the Labour Court and coercive action is likely to be taken against the petitioners. It is submitted that the Gram Panchayat cannot be said to be an industry and secondly, since respondent no. 2 had chosen the remedy of appeal by approaching the Block Development Officer under provisions of the Maharashtra Village Panchayats Act, 1959, the Labour Court ought not to have entertained the Complaint filed by respondent no.

5. Issue notice to the respondents, returnable on 07.10.2022.

6. In the meanwhile or till the next date, there shall be ad interim relief in terms of prayer clause (iii).

                                                                     JUDGE

          Digitally signed
          by SANDIP
SANDIP    MAHADEV
          GATE
MAHADEV   Date:
GATE      2022.09.13
          19:31:44
          +0530

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