Shri. Sagar Dattatraya Kale And ORS. v. Lokshahir Annabhau Sathe Development Corporation Ltd. And ANR.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9065 OF 2017 Mr. Sagar Dattatraya kale & ors.

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Petitioners V/s.

Lokshahir Annabhau Sathe Development Corporation Ltd. & anr.

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Respondents Mr. Amol Gatne for the petitioner.

Mr. A.B. Vagyani, Government Pleader with Mr. O.M. Kulkarni, AGP with Mr. R.S. Sawant, Asst. to GP with G.R. Golatkar, Asst. to G.P. Mr. Shantanu Chandratre for respondent no.1.

CORAM :

NARESH H. PATIL AND Z.A. HAQ, JJ.

22nd August, 2017.

P.C.

The Learned Government Pleader on instructions submits that charge of Chairman of respondent no.1 Corporation has been handed over to Member Secretary, Social Welfare Department, Government of Maharashtra who is an IAS officer. A new Managing Director Mr. Anil Ahire has been appointed. Learned Government Pleader submits that State Government is careful of the developments taking place in respect

2/3 of the Corporation and would take necessary steps to administer the Corporation in accordance with aims and objects. 2.

Learned Counsel appearing for respondent no.1 submits that in accordance with the report submitted steps are being taken to enquire into the appointment orders issued in favour of around 74 employees. Some of the employees had approached Labour Court praying for interim-relief which was denied to them. Petitions were filed before the High Court wherein the petitioners failed to get any favourable orders. Learned Counsel submits that in respect of the present petitioners appropriate procedure in accordance with law would be followed. The petitioners are suspended. Chargesheets are issued against the petitioners.

3.

Learned Counsel appearing for petitioners submitted that some of the employees who received notice from respondent no.1 are still serving with respondent no.1 Corporation. The petitioners claim parity alongwith such employees against whom no action has been taken. 4.

Learned Counsel placed reliance on the judgment of this Court (Coram:V.P. Tipnis & Y.S. Jahagirdar,JJ) dated 27th March, 1997 in the

3/3 case of The Mahatma Phule Backward Class Development Corporation Limited v/s. Arun Taranchand Sasane & ors. in Writ Petition No.1762/1996 annexed to this petition. Petitioners pray for similar relief.

5.

In the facts, we are not inclined to accept submissions regarding application of principles of parity.

6.

Without expressing any opinion and in view of the statement made as above by the Government Pleader, we dispose of the petition. All issues on merits are kept open.

(Z.A. HAQ, J) (NARESH H. PATIL, J.) L.S. Panjwani, P.S.