Municipal Council, Bhandara Thr. ... vs State Of Maharashtra, Thr. ...
2023 Latest Caselaw 11267 Bom

2023:BHC-NAG:16030


                                                                1                        57 & 58. WP.5049-23 & ANR..odt




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

                                      WRIT PETITION NO. 5049 OF 2023
                      ( Municipal Council, Bhandara, Thr. Its Chief Officer
                                               Vs.
                State of Maharashtra, Thr. Its Secretary Nagar Vikas Mantralaya,
                                       Mumbai & Ors. )

                                                         WITH

                                      WRIT PETITION NO. 5059 OF 2023
                      ( Municipal Council, Bhandara, Thr. Its Chief Officer
                                               Vs.
                State of Maharashtra, Thr. Its Secretary Nagar Vikas Mantralaya,
                                       Mumbai & Ors. )

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


                                 W.P. No. 5049/2023
                                 Mr. M.I. Dhatrak, Advocate for the Petitioner.
                                 Mr. N.R. Patil, AGP for the Respondent Nos. 1 & 2/State.
                                 Mr. S.R. Chakravarti, Advocate for the Respondent No.3.


                                 W.P. No. 5059/2023
                                 Mr. M.I. Dhatrak, Advocate for the Petitioner.
                                 Mr. Aditya Gohokar, AGP for the Respondent Nos. 1 & 2/State.
                                 Mr. R.V. Bhanarkar, Advocate for the Respondent No.3.




                                 CORAM:        AVINASH G. GHAROTE, J.

DATED : 2nd NOVEMBER, 2023

Heard.

2. Both the petitions challenge the judgments of the learned Industrial Court, Bhandara, whereby the complaints filed by the complainants, have been partly allowed and the 2 57 & 58. WP.5049-23 & ANR..odt

respondents are directed to consider the claim of the complainants for compassionate appointment in place of their father.

3. On a query being made, the learned counsel for the respondents, are unable to point out the jurisdiction with the learned Industrial Court for entertaining a claim for the compassionate appointment under Section 28 of the Maharashtra Recognition of Trade Union and Prevention of Unfair Labour Practices Act, 1971 (for short the "MRTU & PULP Act" hereinafter), as in the considered opinion of this Court, Item 9 of Schedule IV of the MRTU & PULP Act, which contemplates failure to implement any award, settlement or agreement, would not cover the claim of compassionate appointment as it is not a matter of right vested in the complaint, in view of what has been held by the learned Full Bench of this Court in Nilima Raju Khapekar Vs. The Executive Director, Bank of Baroda and Ors., 2022 (3) Mh.L.J. 441.

4. In that view of the matter, since there is no relationship of employer and employee between the petitioner and respondents, the complaint itself under Section 28 of the MRTU & PULP Act, was clearly not maintainable. The learned Industrial Court appears to have lost sight of this basic principle while passing the impugned judgments, in view of which, the judgment dated 30.11.2022 in Complaint (ULP) No. 63/2018 and judgment dated 29.11.2022 in Complaint (ULP) No. 73/2018 are hereby quashed and set aside and the complaints filed by the complainants are hereby dismissed.

3 57 & 58. WP.5049-23 & ANR..odt

5. The Petitions are accordingly allowed in the above terms. No costs.

(AVINASH G. GHAROTE, J.)

SD. Bhimte

Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 03/11/2023 16:34:14