Bombay High Court
The Chief Officer, Municipal ... vs Ashok S/O Yashwant Jumnake And ... on 26 September, 2022
Bench: Manish Pitale
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 5961 OF 2022
The Chief Officer, Municipal Council, Mul -- Petitioner
Vs.
Ashok s/o Ramuji Kadukar and others -- Respondents
WITH
WRIT PETITION NOS.5962/2022, 5967/2022, 5968/2022
& 5970/2022
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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.M. Kale, Advocate for Petitioner in all petitions
Mr. R.R. Dawda, Advocate for Respondent No.1
Ms. M.A. Barabde, AGP for Respondent / State in WP No.
5961/2022, 5962/2022 & 5970/2022
Mr. N.R. Patil, AGP for Respondent / State in WP No. 5967/2022,
5968/2022
CORAM : MANISH PITALE, J.
DATE : 26th SEPTEMBER, 2022
In all these petitions, the petitioner - Municipal Council
Mul, District Chandrapur, has challenged similar orders passed
by the Industrial Court at Chandrapur. By the said orders in
the Complaints filed by the first respondents in all the
petitions, interim order in the form of temporary injunction is
granted against the petitioner - Municipal Council, staying
the effect of orders passed by the petitioner - Municipal
MP Deshpande
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Council, seeking to recover certain amounts from the first
respondents in all these petitions.
2. The first respondents had moved applications for grant
of such interim relief in the pending Complaints, contending
that they had made out a strong prima facie case in their
favour for stay of such recovery sought to be made by the
petitioner - Municipal Council, since all of them had retired
and judgment of the Hon'ble Supreme Court in the case of
State of Punjab and others Vs. Rafik Masih reported in AIR
2015 SC 296, clearly covered the position of law in their
favour.
3. A perusal of the impugned orders passed by the
Industrial Court shows that although the petitioner -
Municipal Council opposed grant of such interim relief, inter-
alia, contending that grant of such relief could amount to
granting final relief at interim stage, by relying upon the
aforesaid judgment of the Hon'ble Supreme Court interim
relief was indeed granted in all petitions, upon finding that
strong prima facie case was made out by the said respondents
and that the position of law appeared to be in their favour.
4. This Court has heard the learned counsel for the
petitioners as well as the learned counsel for the first
respondents on caveat in all the petitions and the learned
Assistant Government Pleaders for respondent Nos. 2 and 3 in
the petitions.
MP Deshpande
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5. Upon hearing the learned counsel for the parties, this
Court is convinced that no error is attributable to the
Industrial Court in passing the impugned orders as the first
respondents in these petitions have indeed made out a strong
prima facie case for stay of such recovery. In the face of such an
admitted position on facts that the first respondents have all
retired and that prima facie the position of law appears to be
covered in their favour as per the judgment of the Hon'ble in
the case of State of Punjab and others Vs. Rafik Masih (supra),
it is found that these petitions are without any merit.
6. In view of the above, the writ petitions are dismissed.
7. The Industrial Court is directed to make an effort to
expeditiously dispose of the Complaints.
8. Needless to say, the Complaints shall be decided on
their own merits, without being influenced by the impugned
orders as well as the observations made by this Court in the
present order.
JUDGE
MP Deshpande
