Nehru Nagnath Bare And Others vs State Of Maharashtra
2023 Latest Caselaw 4337 Bom

2023:BHC-AS:12940-DB

                                                                   909.3288.97-wp+.docx


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIVIL APPELLATE JURISDICTION

                                     WRIT PETITION NO. 3288 OF 1997

            Nehru Nagnath Bare & Ors.                                 ..... Petitioners

                     Vs.

            The State of Maharashtra & Ors.                           ..... Respondents

                                                 WITH
                                     WRIT PETITION NO. 7058 OF 2012

            Nikam Hanumant Vitthal & Ors.                             ..... Petitioners

                     Vs.

            The State of Maharashtra & Ors.                           ..... Respondents

                                                 WITH
                                     WRIT PETITION NO. 7060 OF 2012

            Sharad Savalaram Nakate & Ors.                            ..... Petitioners

                     Vs.

            The State of Maharashtra & Ors.                           ..... Respondents


            Mr. M. V. Thorat with Mr. Amar Bodke I/b. Mr. V. V. Thorat for the
            Petitioners
            Mr. Anand S. Kulkarni for Respondent Nos.2 and 3 in Writ Petition
            Nos.3288/97 and 7058/2012
            Mr. B. V. Samant, AGP for the State

                                                  CORAM:    S.V.GANGAPURWALA, ACJ &
                                                            SANDEEP V. MARNE, J.

DATED : APRIL 27, 2023 P.C.

1. The Petitioners are appointed as Muster Assistants. Many of

the Petitioners filed complaint ULP before the Labour Courts and / or

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the Industrial Courts. The details are given by the Petitioners.

2. The Government Resolution dated 1st December 1995 was

issued, wherein the Muster Assistants were directed to be absorbed,

as One Time Measure. The said scheme was approved by the Apex

Court. The Apex Court, in the recent judgment dated 7 th

September 2022 in the case of Shaikh Miya s/o. Shaikh Chand

etc. Vs. State of Maharashtra in Civil Appeal No.6531-6533 of

2022 observed that if a person is absorbed over a period of time,

then the notional date of absorption ought to be 31 st March 1997 and

the same should be taken into consideration for determining the

date for computing the pensionable service.

3. In light of that, we pass the following order:

a. The Employer shall verify the case of each of the

Petitioners.

b. If the Labour Courts and / or the Industrial Courts have

granted them permanency and / or regularization then their

services shall be counted from the dates the Labour Courts and

/ or the Industrial Courts granted them permanency and /or

regularization.

       c.       If the Labour Courts and / or the Industrial Courts have


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                                               909.3288.97-wp+.docx

not granted permanency and/or regularization and these

Muster Assistants are absorbed subsequently then their

notional date for computation of pensionable service shall be

considered from 31st March 1997.

d. The Respondents shall complete the aforesaid exercise

preferably within four months.

e. The Respondents will also consider the absorption of the

Petitioners as per the scheme of 1st December 1995.

f. Rule is accordingly made absolute. The Writ Petitions

stand disposed of. No costs.

(SANDEEP V. MARNE, J) (ACTING CHIEF JUSTICE)

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