Ganpat Sarjerao Jadhav v. Shri. Vivek Khandekar, The Chief Forest Officer And ORS.

907. cp 140-18.doc DDR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 140 OF 2018 Ganpat Sarjerao Jadhav

...Petitioner

Vs.

Vivek Khandekar & ors.

...Respondents

....

Ms. Seema Sarnaik a/w. Ms. Sanchita Thakur for petitioner. Mrs. V.S. Nimbalkar, AGP/respondent Nos.1 to 4. Mr. R.N. Nagtilak, Assitant Conservator of Forests, Solapur. ....

CORAM : M.S.KARNIK, J.

DATE : 3rd APRIL, 2019 P.C. :

I have been informed by learned Counsel for the respondents that the backwages have already been paid on 20/2/2019. Learned Counsel for the petitioner does not dispute that the amount towards backwages are already received. She further submits that there is a delay in paying the backwages as the impugned order is dated 17/6/2017.

2.

Be that as it may, now there is a substantive Petition filed by the State of Maharashtra being Writ Petition No. 13022 1/2

907. cp 140-18.doc of 2018 which is pending in this Court challenging the judgment and award dated 17/6/2017 passed by learned Judge, Labour Court at Solapur.

3.

I have heard Writ Petition No. 13022 of 2018 today and observed that as arguable questions are raised, the matter requires consideration. I have issued Rule in the Petition. However, I have refused to stay the operation of the order as the workman has been already reinstated and backwages are paid to him.

4.

Taking an overall view of the matter, as the State of Maharashtra has reinstated the workman and also deposited the backwages and in view of this substantial compliance made, I am not inclined to entertain the present Contempt Petition. Therefore, nothing remains for consideration in the Contempt Petition and it is accordingly disposed of.

(M.S.KARNIK, J.) 2/2