Bombay High Court
Maharashtra State Road Transport ... vs Narendra Prakash Jagtap Divisional ... on 9 August, 2024
2024:BHC-AS:32648
Megha 8_wp_10677_2023.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 10677 OF 2023
Maharashtra State Road Transport ...Petitioner
Corporation
V/s.
Narendra (Nitin) Prakash Jagtap & Ors. ...Respondents
____________________________________________________________
Mr. Nitesh V. Bhutekar with Ms Priyanka Lanke, Mr. Prathamesh Mandlik
& Karan Singh Bhadoria for the Petitioner.
Ms Seema Sarnaik, Sr. Advocate i/b Ms Sangeeta Salvi for the Respondent
Nos. 2, 3 and 6 to 11.
CORAM : SANDEEP V. MARNE, J.
Dated : 9 August 2024.
P.C. :
1) This Petition is filed challenging judgment and order dated 12
December 2022 passed by the Member, Industrial Court, Nashik by which
the complaint is partly allowed and promotions are directed to be given to
Respondent Nos.2, 3 and 6 to 11 as per the Government Resolutions dated
18 November 2008 and 10 January 2011.
2) I have heard Mr. Bhutekar, the learned counsel appearing for
Digitally
signed by
the Petitioner and Ms Seema Sarnaik, the learned senior counsel appearing
MEGHA
MEGHA SHREEDHAR
SHREEDHAR PARAB
PARAB Date:
2024.08.14
for Respondent Nos.2, 3 and 6 to 11.
18:53:46
+0530
9 August 2024
Megha 8_wp_10677_2023.docx
3) After having considered the submissions advanced by the
learned counsel for the parties, it appears that Circular dated 18 November
2008 issued by the Petitioner -Corporation envisaged grant of promotion to
the candidates on the post of Clerk or Traffic Controller (Junior) only in the
event of the candidate concerned not being appointed on the post of Traffic
Controller (Junior) on account of non-availability of posts at the relevant
time and he being appointed as Junior Conductor.
4) Perusal of the impugned order passed by the learned Member,
Industrial Court would indicate that the Court has dealt with various
objections relating to delay, qualifications and the principle of estoppel.
However, it appears that no findings are recorded about each of the
Complainants as to whether any sanction was given for their appointment as
Traffic Controller (Junior) at the relevant time. According to Petitioner -
Corporation benefit of the Circular is admissible only on satisfaction of twin
conditions of (i) making application for posts of either Clerk or Traffic
Controller (Junior) and (ii) grant of approval for compassionate
appointment on the post of Traffic Controller (Junior). Both the sides have
filed detailed pleadings to demonstrate case of each of the candidates in
respect of their respective claims. However, in my view this exercise needs to
be undertaken before the Industrial Court, particularly in view of the fact
that all these documents were never brought on record before the Industrial
Court. It would therefore be appropriate to remand the complaint for fresh
decision before the Industrial Court for the purpose of examining whether
the concerned Complainants had applied for the post of Traffic Controller
(Junior) and in any case whether they were recommended for being
appointed on the post of Traffic Controller (Junior) but actually appointed
9 August 2024
Megha 8_wp_10677_2023.docx
on the post of Junior Conductor on account of non-availability of posts of
'Traffic Controller (Junior).
5) Accordingly, order dated 12 December 2022 passed by the
Industrial Court, Nashik in Complaint (ULP) No.29 of 2009 is set aside.
The Complaint (ULP) No.29 of 2009 is restored on the file of the Industrial
Court, Nashik. Both the parties are at liberty to produce such additional
documents as may be necessary and even to lead additional documents to
prove such documents. The Industrial Court shall proceed to decide the
Complaint afresh in the light of the observations made above in an
expeditious manner preferably within a period of eight months from today.
6) With the above directions, the Writ Petition is disposed of.
7) Parties shall remain present before the Industrial Court on 19
August 2024 and obtain further directions.
[SANDEEP V. MARNE, J.]
9 August 2024
