Nava Samaj Mandal v. State Of Maharashtra And ORS

1/2 8 IA-406-22.doc by SALGAONKAR M M Date: 2022.02.03 20:32:32 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

SALGAONKAR M M CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.406 OF 2022 IN WRIT PETITION NO.9206 OF 2021 Nava Samaj Mandal & Anr.

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Applicants In the matter between :- Nava Samaj Mandal & Anr.

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Petitioners

Versus

State of Maharashtra & Ors.

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Respondents ...

Mr.Mistri with Ms.Rutuja Joshi for the Applicants. Mr.Hiral Thakkar for the Respondent No.4.

Mr.P.P.Pujari, AGP for the State/Respondent Nos.1 and 2. ...

CORAM: RAVINDRA V. GHUGE, J.

DATED : 01st FEBRUARY, 2022 P.C:- 1.

By this application, the applicants/original petitioners have proposed amendments in the form of paragraphs 16A, 16B, 19A, ground at VI, paragraph 21A and prayer clause (bi). 2.

The petition is at pre admission stage. Notices are yet to be issued to the parties.

3.

I have considered the submissions of the non-applicants. 4.

In view of the above, this interim application is allowed with the following direction :- M.M.Salgaonkar

2/2 8 IA-406-22.doc (a) The formal amendment would be carried out on or before 18/02/2022 and a newly typed amended writ petition memo shall be fled on or before the same date. 5.

Since all the parties have appeared on behalf of respondent Nos.1, 2 and 4 and since respondent No.3 is a formal party, the appearance of the learned Advocates on behalf of all the litigating parties is recorded. 6.

Respondent No.4 is at liberty to enter his affdavit-inreply on or before 04/03/2022. 7.

List this petition for admission/hearing on 09/03/2022. 8.

The learned counsel for the Management has sought protection against the execution proceedings fled under Section 13 of the MEPS Act. Considering the impugned judgment of the Tribunal, I have called upon the learned counsel for the Management to deposit fve months' wages, which, is a period that has lapsed without reinstating the employee. The learned counsel for the Management is not inclined to deposit the amount on the ground that there was a resignation. As such, there would be no interim relief at this stage.

( RAVINDRA V. GHUGE, J.) M.M.Salgaonkar