Maharashtra State Co-Operative ... vs Pravin Balkrushna Deshmukh ...
2023 Latest Caselaw 2576 Bom

                                                              1                               6-wp-1627-23.odt


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

                                  WRIT PETITION NO. 1627/2023

 Maharashtra State Co-operative Cotton Growers Marketing Federation
                          Ltd. and another
                                 Vs.
          Pravin Balkrushna Deshmukh (dead) through LRs

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

                                  Mr.A.W. Paunikar, Advocate for petitioners


                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 16th MARCH, 2023

The original complainant Pravin Balkrushna Deshmukh, has passed away during pendency of the revision before the learned Industrial Court in the year 2014. The learned Labour Court by judgment dated 08/09/2011, had granted reinstatement of the original complainant on his original post with continuity of service as existing prior to 15/11/2011. The learned Industrial Court by judgment 22/11/2016, had remanded the matter back to the Labour Court to decide the point of punishment (page 38). In Writ Petition No.2790/2017, filed by respondents (legal heirs of original complainant), the judgment of the Industrial Court was set aside and the matter was remanded back to the Industrial Court, to decide the issue of 2 6-wp-1627-23.odt

punishment as expeditiously as possible (page 41). After remand, the learned Industrial Court has dismissed the revision by confirming the judgment of the learned Labour Court directing reinstatement. It is contended, that since the original complainant is no more, the order of reinstatement could not have been confirmed and what the legal representatives of original complainant are entitled would be only monetary benefits arising out of the effect of reinstatement and continuity of service.

2. Issue notice for final disposal, returnable in two weeks.

JUDGE

MP Deshpande

Digitally signed by:MILIND P DESHPANDE Signing Date:16.03.2023 15:14