Ramdas Namdeorao Khadse, Beed vs Mah. State Power Generation Co. Ltd. , ...
2024 Latest Caselaw 24205 Bom

Bombay High Court

Ramdas Namdeorao Khadse, Beed vs Mah. State Power Generation Co. Ltd. , ... on 16 August, 2024

Author: M.S. Jawalkar

Bench: Avinash G. Gharote, Mukulika Shrikant Jawalkar

                                                                             1                283-215-2009.odt




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

                              WRIT PETITION NO. 215 OF 2009

   Ramdas Namdeorao Khadse Vs. Maharashtra State Power Generation
                  Company Limited and another


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

                                   Mr. S.B. Gandhe, Advocate for Petitioner
                                   Mr. R.E. Moharir, Advocate for Respondents


                                   CORAM:        AVINASH G. GHAROTE AND
                                                 SMT. M.S. JAWALKAR, JJ.

DATED : 20th AUGUST, 2024

1. Mr. Gandhe, learned counsel for the petitioner basically relies upon the findings rendered by the learned Industrial Court on issue nos. 3 and 4 (page 81), by which, it has been held, that the petitioner was entitled to promotion in the year 1983. He submits, that when this judgment dated 29.08.2008, has not been challenged by the respondents, the findings rendered have attained finality and, therefore, would be binding upon the respondents, in view of which, a case for deemed promotion w.e.f. 1983 stands made out, on account of which, the petition needs to be allowed. 2 283-215-2009.odt

2. Mr. Moharil, learned counsel for the the respondents contends, that the finding is without jurisdiction for the reason, that while answering issue no.1 (page 81), the learned Industrial Court has held, that the complainant / petitioner has failed to prove, that he is a workman on account which, he could not have gone into the merits of the matter and, therefore, the finding rendered by him vis-a-vis issue no.4 would be a finding without jurisdiction and, therefore, nullity not binding upon the respondents. He further submits, that even otherwise, the ACRs of the petitioner for a period of five years prior to 1983, were average for three years and good for two years, and the case of the petitioner for promotion has been considered on merits by the competent selection committee, who has found the case of the petitioner not to be worthy of promotion and, therefore, has denied him promotion on account of which, even on merits, the petitioner is not entitled for any promotion from 21.02.1983. He, therefore, submits, that there is no merit in the petition and the same is liable to be dismissed.

3. At this stage, Mr. Gande, learned counsel for the petitioner seeks a short accommodation to address the Court on the legality of the findings rendered vis-a-vis issue no.4 by the learned Industrial Court in the judgment dated 29.08.2008.

3 283-215-2009.odt

4. List the petition on 21.08.2024.

(SMT. M.S.JAWALKAR J.) (AVINASH G. GHAROTE, J.)

MP Deshpande

Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 20/08/2024 16:48:39