Dr. Punjabrao Deshmukh Krushi ... vs The Learned Member, Industrial ...
2023 Latest Caselaw 1812 Bom

                                                          1                              911-wp-1110-23.odt


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

                                  WRIT PETITION NO. 1110/2023

            Dr. Punjabrao Deshmukh Krushi Vidyapeeth and another
                                    Vs.
            The learned Member, Industrial Court, Akola and others

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

                                  Mr. Vikram Marpakwar, Advocate for petitioners


                                  CORAM:       AVINASH G. GHAROTE, J.

DATED : 22nd FEBRUARY, 2023

Heard learned counsel for the petitioners.

2. It is not in dispute that the services of the respondents have been regularized on account of the Government Resolution dated 24/7/2015, by creating supernumerary posts in pursuance to which the orders have been passed on 15/01/2016. It is not disputed that the respondents were employed with the petitioners from time to time on fixed term basis for a year at a time as per the various orders placed on record (page Nos.33 to 185) for years together, considering which, the respondents had filed complaints before the learned Industrial Court, Akola, which by the impugned judgment has allowed the same by directing to regularize the services of the respondents. In the light of the 2 911-wp-1110-23.odt

Notification dated 24/7/2015, since the services of the respondents have been regularized, it is contended the Industrial Court could not have granted the permanency to the respondents, from a back date as is indicated in the tabular statement (page 274) and the respondents were liable to be regularized from the date of the various orders in their favour. The only question, which is now falls for consideration is, whether the respondents are entitled to be regularized from the date of order of the regularization or from the date of their original appointment as per the tabular statement, in view of the impugned judgment.

3. Issue notice for final disposal limited to the above question, returnable after six weeks.

JUDGE

MP Deshpande

Digitally signed by:MILIND P DESHPANDE Signing Date:22.02.2023 15:27