Bombay High Court
The Jt. Director Of Health ... vs Shailendra Prabhakarrao Bhoyar on 29 March, 2023
Bench: Avinash G. Gharote
WP 136 of 2013.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.136/2013
PETITIONERS : 1. The Joint Director of Health Services (Leprosy),
Parivartan building, Arogya Bhavan, Opposite
Vishrantwadi Police Station, Alandi Road,
Yerwada, Pune - 6.
2. The Assistant Director Health Services (Leprosy),
Yavatmal, Tq. And District Yavatmal.
...VERSUS...
RESPONDENT: Shailendra Prabhakarrao Bhoyar,
Aged about - Major, R/o Sai Nagar,
Wardha, Tq. and Distt. Wardha, at present
R/o Pandharkawada, Tq. Kelapur, Distt.
Yavatmal.
WITH
WRIT PETITION NO.102/2013
PETITIONERS : 1. The Joint Director of Health Services (Leprosy),
Parivartan building, Arogya Bhavan, Opposite
Vishrantwadi Police Station, Alandi Road,
Yerwada, Pune - 6.
2. The Assistant Director Health Services (Leprosy),
Yavatmal, Tq. And District Yavatmal.
...VERSUS...
RESPONDENT: Narendra Anantrao Umbarkar,
Aged about - Major, R/o Mahatma Fule Housing
Society, Yavatmal, Tq. And Distt. Yavatmal.
WITH
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WP 136 of 2013.odt
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WRIT PETITION NO.137/2013
PETITIONERS : 1. The Joint Director of Health Services (Leprosy),
Parivartan building, Arogya Bhavan, Opposite
Vishrantwadi Police Station, Alandi Road,
Yerwada, Pune - 6.
2. The Assistant Director Health Services (Leprosy),
Yavatmal, Tq. And District Yavatmal.
...VERSUS...
RESPONDENT: Mahesh Vasantrao Suryavanshi,
Aged about - Major,
R/o Parwati Lay Out, Umarsara, Tq. And
Distt. Yavatmal.
WITH
WRIT PETITION NO.351/2013
PETITIONERS : 1. The Joint Director of Health Services (Leprosy),
Parivartan building, Arogya Bhavan, Opposite
Vishrantwadi Police Station, Alandi Road,
Yerwada, Pune - 6.
2. The Assistant Director Health Services (Leprosy),
Yavatmal, Tq. And District Yavatmal.
...VERSUS...
RESPONDENT: Sharad Pandurang Athawale,
Aged about - Major, R/o Zilla Parishad
Colony, Umarkhed, Tq. - Umarkhed,
Distt. Yavatmal.
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Shri N.R. Patil, Assistant Government Pleader for the petitioners in all petitions
Shri C.V. Jagdale, Advocate for respondent in all petitions
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CORAM : AVINASH G. GHAROTE, J.
DATE : 29/03/2023
ORAL JUDGMENT
1. Heard Shri N.R. Patil, learned Assistant Government
Pleader for the petitioners and Shri C.V. Jagdale, learned counsel for
the respondents.
2. All these petitions question the judgments of the learned
Labour Court, whereby the termination of the respondents by the
orders dated 16/12/2000, 28/06/2000, 13/06/2000 and
26/11/2000 respectively was quashed and set aside and the
respondents/complainants were directed to be reinstated with
continuity in service without back wages. A revision against the
same came to be dismissed by the learned Industrial Court by the
judgment dated 21/07/2011.
3. The judgments of the learned Labour Court record a
categoric finding that the respondents/complainants had completed
more than 240 days in a year preceding the date of termination and
therefore, the satisfaction of the requirement of Section 25 F of the
Industrial Disputes Act was mandatory, which was not done.
4. Shri N.R. Patil, learned Assistant Government Pleader
has not been able to point out the satisfaction of the requirement of
WP 136 of 2013.odt
Section 25 F of the Industrial Disputes Act, considering which, I do
not see any reason to interfere in the impugned judgments. The writ
petitions are, therefore, dismissed. Rule stands discharged. No order
as to costs.
5. Needless to say that since it is contended by the
petitioners that there are no posts available, the petitioners would be
entitled to take such action, as they deemed fit and appropriate in
law, considering that position.
(AVINASH G. GHAROTE, J.)
Wadkar
