Rajesh S/O Shyam Rajankar vs Regional Manager, Maha. State Road ...
2023 Latest Caselaw 12796 Bom

Bombay High Court

Rajesh S/O Shyam Rajankar vs Regional Manager, Maha. State Road ... on 14 December, 2023

Author: Avinash G. Gharote

Bench: Avinash G. Gharote

                                                               1                    10-8190-2023.odt


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

                                   WRIT PETITION NO. 8190/2023

   Rajesh S/o Shyam Rajankar Vs. Regional Manager, Maharashtra State
                     Road Transport Corporation

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

                                   Mr. S.A. Nerkar, Advocate for petitioner


                                   CORAM:         AVINASH G. GHAROTE, J.

DATED : 14th DECEMBER, 2023

Heard learned counsel for the petitioner.

2. The petition questions the judgment of the learned Industrial Court dated 08/6/2023 (page 21), which dismissed the complaint of the petitioner on account of maintainability holding that the petitioner is not the workman, as he is employed as Traffic Inspector. Inviting my attention to the nature of duties which are to be performed by the Traffic Inspector as is indicated in the circular dated 6/7 March, 1995 (page 28), it is contended that the duties are not that of a managerial or supervisory category. He further contends that the petitioner has been receiving wage revisions, in terms of the settlement between the employer and the workman's Union to substantiate which he points out the settlement dated 26/7/1977 and the Schedule A 2 10-8190-2023.odt

annexed thereto wherein at Sr.No.81, the Traffic Inspector is included (page 36). Another memorandum of settlement is of 19/12/1985 in which also in Annexure A at Sr. No.73, the post of Traffic Inspector is included. He therefore contends that the fact that the petitioner was a workman is an undisputed position. He however concedes that these documents were never placed before the learned Industrial Court for its consideration which has resulted in passing of the impugned judgment.

3. Issue notice for final disposal, returnable in six weeks.

(AVINASH G. GHAROTE, J.) MP Deshpande

Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 14/12/2023 16:00:41