Maha. State Coop. Tribal ... vs Gangabai Shrawan Purke
2022 Latest Caselaw 9446 Bom

                                                 -1-                         27.WP.5689.2022.odt



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

                          WRIT PETITION NO. 5689 OF 2022
   Maharashtra State Cooperative Tribal Development Corporation Limited & Ors.
                                        Vs.
                          Smt. Gangabai Shrawan Purke
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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. D.P. Bhongade, Advocate for the Petitioners.

                                    CORAM : MANISH PITALE, J.

DATED : 19th SEPTEMBER, 2022.

By this writ petition filed on 06.09.2022, the petitioners, who are representing Maharashtra State Co- operative Tribal Development Corporation, have challenged a judgment and order dated 10.10.2019, passed by the Industrial Court at Yavatmal. By the said order, Industrial Court has allowed the complaint filed by the sole respondent, directing that benefits of regularisation be given to her from the time she joined the service of the petitioners - Corporation i.e. 1999.

02. The learned counsel appearing for the petitioners - Corporation submitted that in the present case, the Corporation has adopted a positive attitude and pursued the matter with State, but there was no positive outcome in pursuance of the said efforts.

03. This Court is surprised that the petitioners - Corporation have chosen to challenge the impugned judgment

-2- 27.WP.5689.2022.odt

and order of the Industrial Court after almost three years. Calling the sole respondent, who now is senior citizen before this Court for contesting the matter in which some issues of law may arise, would certainly put her to financial distress.

04. Therefore, this Court proposes to impose costs on the petitioners - Corporation, even for issuing notice to the sole respondent.

05. Accordingly, issue notice to the sole respondent, returnable on 19th October, 2022, subject to the petitioners - Corporation depositing an amount of Rs.25,000/- (Rs. Twenty Five Thousand Only) in this Court, within two weeks from today. The said amount shall be disbursed by the Registry to the sole respondent on her putting in appearance before this Court.

06. Till the next date of listing, subject to the petitioners complying with the abovementioned direction within the stipulated period of time, there shall be stay to the contempt proceeding initiated by the sole respondent.

07. It is made clear that, failure to deposit the amount as directed above within the stipulated period of time will lead to vacating the interim order and dismissal of the writ petition without reference to the Court.

JUDGE Digitally Signed By:VIJAY KUMAR Personal Assistant to Hon'ble JUDGE Signing Date:20.09.2022 10:40

Vijay