Mohan Dashrath Kalmegh And Others vs Vinod Sudhakarrao Sagne And ...
2023 Latest Caselaw 2510 Bom

                                                                                             (1)                                                 939wp2605.21

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

                                              WRIT PETITION NO. 2605 OF 2021
       Mohan Dashrath Kalmegh and ors__ Vs. __Vinod Sudhakarrao Sagne and ors
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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. N.A.Gawande, Advocate for petitioner
           Mr. P.R.Agrawal. Advocate for respondent No. 1


                                                                           CORAM :                     AVINASH G. GHAROTE, J.

                                                                           DATE  :                     15/03/2023

                                               1]                           Heard Mr. Gawande, learned counsel for

the petitioner and Mr. Agrawal, learned counsel for the respondent no.1.

2] The petition questions the order dated 7.10.2020 (pg.38) passed by the learned Labour Court refusing to add the petitioners as respondents to the complaint filed by the respondent No.1 before the learned Labour Court under Section 28 of the MRTU and PULP Act, challenging his termination and so also the judgment in revision dated 7.7.2021 (pg.63) passed by the learned Industrial Court, dismissing the revision.

3] It is contended since the petitioners were duly elected members of the Gram Panchayat and there was an attempt between the respondent no.1 on the one hand and the Sarpanch & Secretary (2) 939wp2605.21

on the other, to compromise the matter without the consent of the managing committee of the Gram Panchayat, the petitioners on whose complaint the respondent no.1 was removed, were not only proper but necessary parties.

3] I am afraid, I am not able to agree with this contention for two reasons : (1) any compromise between the respondent no.1 on the one hand and the Sarpanch & Secretary of the Gram Panchayat, cannot take place unless there is a resolution passed in the meeting of the Gram Panchayat in that regard, authorizing the Sarpanch or the Secretary to do so, which has not been done, and (2) merely because on the complaint of the petitioners the respondent no.1 was removed, that would not create a relationship of employer and employee between the petitioners and the respondent No.1, so as to permit them to intervene in the complaint filed before the learned Labour Court. I therefore do not see any reason to interfere in the impugned order of the learned Labour Court and the judgment of the Industrial Court. The petition is therefore dismissed. No costs.

                                                  JUDGE
                                                        Digitally sign byRAJESH
Rvjalit                                                 VASANTRAO JALIT
                                                        Location:
                                                        Signing Date:16.03.2023 17:58