The State Of Maharashtra And ANR. v. Rajaram Govinda Chaudhari

DDR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2947 OF 2008 Ramnath Laxman Bhorkade WRIT PETITION NO. 2927 OF 2008 Popat Baburao Wagh WRIT PETITION NO. 2917 OF 2008 Rajaram Lalji Buljad WRIT PETITION NO. 2018 OF 2008 Maruti Keru Salve WRIT PETITION NO. 2608 OF 2008 Rajaram Govinda Chaudhari WRIT PETITION NO. 2607 OF 2008 Vilas Mohan Bagul WRIT PETITION NO. 2006 OF 2008 Suresh Rambhau Dukare 1/6

WRIT PETITION NO. 1986 OF 2008 Narayan Sampat Wagh WRIT PETITION NO. 1985 OF 2008 Ramesh Ananda Salunke WRIT PETITION NO. 1984 OF 2008 Namdeo Vishwanath Pawar WRIT PETITION NO. 1983 OF 2008 Haribhai Barku Sonawane WRIT PETITION NO. 1982 OF 2008 Govind Sukar Chaudhari WRIT PETITION NO. 1973 OF 2008 Babu Dhanshing Rathod WRIT PETITION NO. 1972 OF 2008 Shivaji Khandu Kadam WRIT PETITION NO. 1971 OF 2008 2/6

Sudam Narayan Deore WRIT PETITION NO. 1970 OF 2008 Raju Ramdas Kachave WRIT PETITION NO. 1968 OF 2008 Rajaram Navasu Gavit WRIT PETITION NO. 2951 OF 2008 Vijay Shivaji Londhe ....

Mrs.Vaishali Nimbalkar AGP for petitioners Mrs.Seema Sarnaik a/w. Ms. Sanchita Thakur for respondents Shri Rajendra Appaji Kapase, Assistant Conservator of Forest, Manmad, East Division, District Nashik.

....

CORAM : M.S.KARNIK, J.

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

An Affidavit dated 6/2/2019 has been filed on behalf of the petitioners, duly affirmed by Shri Rajendra Appaji Kapase, Assistant Conservator of Forest, Manmad, East Division, District Nashik. It would be necessary to state the relevant portion of the contents of the Affidavit which read thus :

3/6

"4.

I say that during the pendency of these writ petitions, the Revenue and Forest Department, has issued the Government Resolution dated 16.10.2012 and guidelines were issued for regularization of the employees / daily wages workers who were working in the forest department prior to the year 2004. Hereto annexed and marked as Exhibit 2 is the copy of the Government Resolution dated 16.10.2012.

5.

I say that as per the Government Resolution dated 16.10.2012, the Respondents have shown their willingness to accept the said terms and conditions and thereby executed Affidavit-cum-Declaration before the Executive Magistrar and thereby agreed to the terms and conditions laid down in the Government Resolution dated 16.10.2012 and thereby shown their readiness and willingess to withdraw all the cases filed by him against the Petitioners in various courts. In the said Affidavit, they also declared that they will be asborbed in their service on permanent basis and they will not claim any backwages. I say that the said Affidavits were duly signed by the Respondents on oath before the Executive Magistrate.

6.

I say that the respondents have been absorbed as per the Government Resolution dated 16.10.2012 and they have given Undertaking that they will not claim benefits given by the Industrial Court. Details of which is as under :- S.

No.

W.P.No.

Name of the Respondent Date of Undertaking given by the Respondent Date of Absorption W.P.No.1983/2008 Shri Haribhau Barku Sonawane 6.12.2012 4.3.2013 W.P.No. 2927/2008 Shri Popat Baburao Wagh 28.12.2012 31.12.2012 W.P.No. 1970/2008 Shri Raju Ramdas Kachawe 8.1.2013 4.3.2013 W.P.No.2607/2008 Shri Vilas Mohan Bagul 28.12.2012 28.5.2013 W.P.No. 2016/2008 Shri Raghunath Chindha Mali 28.12.2012 31.12.2012 W.P.No. 1972/2008 Shri Shivaji Khandu Kadam 6.12.2012 28.5.2013 W.P.No.

12916/2008 Shri Tulshiram Nanu Pawar 30.4.2013 30.5.2013 W.P.No.1968/2008 Shri Rajaram Navasu Gavit 30.4.2013 30.5.2013 W.P.No.2917/2008 Shri Rajaram Lalaji Bhujad 30.4.2013 29.5.2013 4/6

W.P.No. 2608/2008 Shri Rajaram Govinda Choudhari 30.4.2013 30.5.2013 W.P.No. 1971/2008 Shri Sudam Narayan Devare 28.2.2013 4.3.2013 W.P.No.1985/2008 Shri Ramesh Ramdas Salunkhe 28.12.2012 31.12.2012 W.P.No. 1984/2008 Shri Namdev Vishwanath Pawar 4.1.2013 5.3.2013 W.P.No. 2006/2008 Shri Suresh Rambhau Dukare 4.1.2013 4.3.2013 W.P.No. 1982/2008 Shri Govind Sukar Choudhari 4.1.2013 4.3.2013 W.P.No. 2947/2008 Shri Ramnath Laxman Bhorkade 5.12.2012 31.12.2012 W.P.No.2951/2008 Shri Vijay Shivaji Londhe 28.12.2012 31.12.2012 Hereto annexed and marked as Exhibit 3 Colly. are copies of appointment orders and the Undertaking given by the Respondents. 7.

I say that the Petitioners have already filed the Civil Application No.2796 of 2014 and other civil applications and prayer was made that the Respondents were absorbed as a permanent employee of the Petitioners department and Respondents had withdrawn all the proceedings earlier filed by them before the Industrial Court, Nashik. The said Civil Applications were disposed of vide order dated 8.9.2015 and expressed view that unless the Applicant - State demonstrates by issuing appropriate orders that the Respondents have been absorbed on permanent basis, these Civil Applications cannot be considered. Hereto annexed and marked as Exhibit 4 is copy of the order dated 8.9.2015 passed by this Hon'ble Court in C.A.No.2796 of 2014.

8.

I say that at the time of hearing civil application inadvertently, Clause (1) (ii) of Government Resolution dated 16.10.2012, was not brought to the notice of the Hon'ble Court. In the said clause is self-explanatory which provides that from 1.6.2012, the concerned employees will be eligible for the pensionary benefits and governed under the provisions of the Maharashtra Civil Services Rules. 9.

I say that in the light of the abovementioned facts and circumstances and in view of the facts that the Respondents have already accepted the appointment orders as per terms and conditions mentioned in Government Resolution dated 16.10.2012 and they have given Undertaking that they will not claim any benefits granted by the Industrial Court.

I say and submit that in view of the Undertaking given by the Respondents, the orders passed by the Labour Court and Industrial Court, does 5/6

not survive and hence, the Hon'ble Court may be pleased dispose of the present writ petitions by passing appropriate order in the interest of justice." 2.

In the light of this Affidavit and in view of the Undertakings given by the respondents, the Petitions can be disposed of in terms of what is stated in the Affidavit and as has been accepted by the respondent - workman in the Undertakings which have been filed by them before the Authorities.

3.

In this view of the matter, the orders passed by the Labour Court and Industrial Court do not survive and hence the Petitions are disposed of in view of the Affidavit filed by the petitioners.

4.

Rule is partly made absolute in the above terms. (M.S.KARNIK, J.) 6/6