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Bombay High CourtCP/591/2022disposed off

Vikas S/O Khanderao Keng v. The State Of Maharashtra, Thr. Its The Principle Secretary, Mah. State Transport Department

2023-02-07Hon'Ble The Acting Chief Justice,Hon'Ble Shri Justice Sandeep V. Marne2 pages

1-CP-591-2022 Pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 591 OF 2022 IN WRIT PETITION NO. 9762 OF 2019 Vikas S/o Khanderao Keng .. Petitioner

Versus

The State of Maharashtra & Ors. .. Respondents Mr. Shermale K. N. for petitioner.

Mrs. R. A. Salunkhe, AGP for respondent no.1/State. Mr. Nitesh V. Bhute a/w Mr. Aniket Nangare a/w Ms. Gargi Warunjikar for respondent nos.2 to 5.

CORAM: S. V. GANGAPURWALA, ACTING CJ. & SANDEEP V. MARNE, J.

PRAVIN DASHARATH PANDIT PRAVIN DASHARATH PANDIT Date: 2023.02.09 10:32:52 +0530 DATE:

FEBRUARY 7, 2023 P.C.:

1.

Mr. Shermale, learned counsel for the petitioner admits that except petitioner nos.1, 7, 8 and 10, other petitioners have been paid the back-wages and the order passed by this Court and the Apex Court stands complied.

2.

With regard to the claim made by the petitioner nos.1, 7, 8 and 10, we have heard the learned counsel for the petitioners, learned AGP for respondent no.1 and the learned counsel for the respondent nos.2 to 5. We have also perused the orders passed by this Court and the Apex Court.

3.

The Security Officer was appointed to conduct the inquiry as to whether the petitioners were gainfully employed during the interregnum. The Security Officer has submitted his report. It appears that the petitioner nos.1, 7, 8 and 10 were gainfully

1-CP-591-2022 employed during the interregnum with some other employer and some amount has been paid to them.

4.

The respondents shall make the payment to the petitioner nos.1, 7, 8 and 10 after deducting the amount received by them during the period they were gainfully employed as per the report of the Security Officer (at page 193 onwards). The payment shall be made within a period of eight weeks from today. 5.

If the payment, as directed above, is not made within eights weeks, then the respondents shall be liable for contempt. 6.

With the aforesaid observations, the Contempt Petition is disposed of.

(SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE)