Shri Tukaram Govind Khedkar And ... vs The Divisional Controller, ...
2023 Latest Caselaw 115 Bom

                                                             1                               50-wp-4946-17.odt




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

                                  WRIT PETITION NO. 4946/2017

                 Tukaram Govind Khedkar and another
                                  Vs.
The Divisional Controller, Maharashtra State Road Transport Corporation
                              and another

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

                                  Mr. V.P. Marpakwar, Adv. for the Petitioners
                                  Mr. N.R. Patil, AGP for respondent / State



                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 4th JANUARY, 2023

Though the petitioner No.1 was discharged on 12/4/1999 having been declared as unfit for services, the application for compassionate appointment was filed on 07/7/2007, pursuant to which complaint came to be filed before the Labour Court in 2010, which was rejected by judgment dated 04/1/2017 on the ground that the very fact that the application was made on 7/7/2007 and the complaint was filed in the year 2010 would indicate that there was no need for compassionate appointment. The issue is no more res integra and stands covered by the judgment in Civil Appeal No.6958/2022 decided on 30/09/2022 in which it has been held that the delay in filing the complaint 2 50-wp-4946-17.odt

itself defeats the object of compassionate appointment and therefore. the same cannot be done, considering which, I do not see any reason to interfere in the judgment of the learned Industrial Court. The petition is therefore dismissed. No costs.

JUDGE

MP Deshpande

Digitally signed by:MILIND P DESHPANDE Signing Date:05.01.2023 14:29