MUKHYADHIKARI NAGAR PARISHAD KALAMB Vs. SATISH BABURAO JHADKE
LAWS(BOM)-2019-7-141
HIGH COURT OF BOMBAY (AT: AURANGABAD)
Decided on July 17,2019

Mukhyadhikari Nagar Parishad Kalamb Appellant
VERSUS
Satish Baburao Jhadke Respondents

JUDGEMENT

Ravindra V Ghuge, J. - (1.) On 05/07/2019, I had passed the following order:- "1. Shri Sontakke learned Advocate submits that in the Writ Petition wherein the sole respondent Shri Chandrasen Govardhan Kamble is involved, the petitions would become infructuous as Shri Kamble has passed away. The learned Advocate Shri Kudle confirms the statement that the sole respondent/original complainant has passed away. 2. In view of the above, Writ Petition No. 14625/2017 stands abated. 3. Shri Kudle learned Advocate appearing on behalf of all the respondent workers in the remaining three petitions commenced his submissions. It was noticed that in the first petition, there are seven workers involved. In the second petition, there are three workers involved and in the third petition, there are nine workers involved. Shri Sontakke submits that though he has prepared a rough chart of the dates of joining of these workers and the periods of their work, the said chart will have to be properly typed out and will have to be submitted to the Court. Shri Kudle submits that he would also prefer to prepare such a comparative chart based on the conclusions drawn by the Industrial Court meaning thereby that the chart would contain such dates which the Industrial Court has accepted as being the dates of joining. 4. Shri Sontakke submits that he would not be available till 10/07/2019 considering that a close relative would be getting married in that period. On his request, matter is kept on 11/07/2019 as "part-heard." The learned Advocate Shri Kudle consents to have the matter on the same date. 5. Stand over to 11/07/2019 as "part-heard."
(2.) The hearing in these petitions took place on 04/07/2019 and was continued on 05/07/2019, 11/07/2019 and today.
(3.) The petitioner is the Municipal Council, Kalamb, Taluka Kalamb, District Osmanabad. All the respondents in these three petitions are the original complainants, who had approached the Industrial Court, Latur by preferring their individual complaints under Section 28(1) read with Items 5, 6, 9 and 10 of Schedule IV of the MRTU and PULP Act, 1971. In all these matters, the Industrial Court has delivered identical judgments of the same date 22/08/2017 and has issued the following orders :- "1. The complaint is partly allowed. 2. The respondent is directed to send proposal complete in all respect regarding grant of permanency/regularization to the complainant w.e.f. completion of 240 days from respective initial appointment, to the competent authority within a period of two months from the date of instant order. 3. The respondent is directed not to terminate the services of the complainant during the pendency of said proposals. 4. The respondent is directed to pay monthly emoluments promptly to the complainant every month in accordance with the minimum of pay-scale (at the lowest grade, in the regular pay-scale) applicable to the permanent employees till the decision of the proposal. 5. No order as to cost. 6. Proceedings are closed.";


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