The Deputy Conservator Forests,Pune Forest,Division,Pune Ana Another v. Smt.Indubai Naryan Chavan
psv
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL (ST.) NO.536 OF 2012 IN WRIT PETITION NO.2360 OF 2002 CIVIL APPLICATION NO.89 OF 2018 The Conservator of Forests, Pune & Anr.
...Appellants Smt. Madina Bashir Sheikh LETTERS PATENT APPEAL (ST.) NO.17162 OF 2011 CIVIL APPLICATION NO.87 OF 2018 The State of Maharashtra & Ors.
...Appellants Kaluram Raghu Bazare LETTERS PATENT APPEAL (ST.) NO.17165 OF 2011 CIVIL APPLICATION NO.88 OF 2018 The Conservator of Forests, Pune & Anr.
...Appellants Vitthal Baburao Bhujbal LETTERS PATENT APPEAL (ST.) NO.17168 OF 2011 CIVIL APPLICATION NO.90 OF 2018 The Conservator of Forests & Anr.
...Appellants Jayant Purushottam Joshi
LETTERS PATENT APPEAL (ST.) NO.17193 OF 2011 CIVIL APPLICATION NO.91 OF 2018 The Conservator of Forests & Anr.
...Appellants Ananda Shyamrao Hargude & Ors.
...Respondents
LETTERS PATENT APPEAL (ST.) NO.17197 OF 2011 CIVIL APPLICATION NO.92 OF 2018 The Chief Conservator of Forests & Anr.
...Appellants Vitthal Dhavaji Dhabhade & Ors.
...Respondents
LETTERS PATENT APPEAL (ST.) NO.17202 OF 2011 CIVIL APPLICATION NO.93 OF 2018 The State of Maharashtra & Ors.
...Appellants Dhondiba Ahilu Tathale LETTERS PATENT APPEAL (ST.) NO.17206 OF 2011 CIVIL APPLICATION NO.94 OF 2018 The Conservator of Forests, Pune & Anr.
...Appellants Kailas Digambar Patkar
...Respondents
LETTERS PATENT APPEAL (ST.) NO.17210 OF 2011 CIVIL APPLICATION NO.95 OF 2018 The Conservator of Forest, Pune & Anr.
...Appellants Kisan Sitaram Pardhi
LETTERS PATENT APPEAL (ST.) NO.17215 OF 2011 CIVIL APPLICATION NO.96 OF 2018 The Conservator of Forests, Pune ...Appellant Shri Tanaji Dinkar Gorde LETTERS PATENT APPEAL (ST.) NO.17852 OF 2011 CIVIL APPLICATION NO.97 OF 2018 The Conservator of Forests, Pune & Anr.
...Appellants Shri. Khandu Deoram Bhujbal LETTERS PATENT APPEAL (ST.) NO.18124 OF 2011 CIVIL APPLICATION NO.98 OF 2018 The Conservator of Forest, Pune & Anr.
...Appellants Balkrishna Shankarrao Rajgurav LETTERS PATENT APPEAL (ST.) NO.30347 OF 2011 CIVIL APPLICATION NO.100 OF 2018 The Conservator of Forest & Anr.
...Appellants Genbhau Appaji Lande LETTES PATENT APPEAL (ST.) NO.30450 OF 2011 CIVIL APPLICATION NO.101 OF 2018 The Conservator of Forest, Pune & Anr.
...Appellants Vitthal Sitaram Bhor
LETTERS PATENT APPEAL (ST.) NO.30454 OF 2011 CIVIL APPLICATION NO.102 OF 2018 The Conservator of Forests, Pune & Ors.
...Appellants Shri Popat Mahadu Kotwal LETTERS PATENT APPEAL (ST.) NO.31826 OF 2011 CIVIL APPLICATION NO.103 OF 2018 The Conservator of Forests, Pune ...Appellant Shri Haribhau Namdeo Kute LETTERS PATENT APPEAL (ST.) NO.31832 OF 2011 CIVIL APPLICATION NO.104 OF 2018 The Conservator of Forests ...Appellant Smt.Parvati Sitaram Dhumal LETTERS PATENT APPEAL (ST.) NO.31841 OF 2011 CIVIL APPLICATION NO.105 OF 2018 The Conservator of Forests ...Appellant Shri. Rajaram Bhagwant Khandve
...Respondents
LETTERS PATENT APPEAL (ST.) NO.31855 OF 2011 CIVIL APPLICATION NO.106 OF 2018 The Conservator of Forests, Pune & Anr.
...Appellants Shri. Raghunath Ganpat Shelar
LETTERS PATENT APPEAL (ST.) NO.31914 OF 2011 CIVIL APPLICATION NO.109 OF 2018 The Deputy Conservator of Forests ...Appellant Smt. Rukmini K. Kadam LETTERS PATENT APPEAL (ST.) NO.32024 OF 2011 CIVIL APPLICATION NO.110 OF 2018 The Conservator of Forests & Anr.
...Appellants Shri. Vitthal Manjaji Bheke LETTERS PATENT APPEAL (ST.) NO.32028 OF 2011 CIVIL APPLICATION NO.111 OF 2018 The Conservator of Forests, Pune & Anr.
...Appellants Shri. Balu Khandu Waman LETTERS PATENT APPEAL (ST.) NO.32344 OF 2011 CIVIL APPLICATION NO.112 OF 2018 The Conservator of Forests, Pune ...Appellant Shri. Tukaram Nivrutti Sawant LETTERS PATENT APPEAL (ST.) NO.32353 OF 2011 CIVIL APPLICATION NO.113 OF 2018 The Conservator of Forests, Pune ...Appellant Shri. Suresh Sitaram Ovhal
LETTERS PATENT APPEAL (ST.) NO.32547 OF 2011 CIVIL APPLICATION NO.114 OF 2018 The Conservator of Forests, Pune & Anr.
...Appellants Shri. Baban Sadashiv Borkar LETTERS PATENT APPEAL (ST.) NO.32624 OF 2011 CIVIL APPLICATION NO.115 OF 2018 The Conservator of Forests & Anr.
...Appellants Shri. Ankush Daulatrao Shitole LETTERS PATENT APPEAL (ST.) NO.32632 OF 2011 CIVIL APPLICATION NO.116 OF 2018 The Conservator of Forests & Anr.
...Appellants Smt. Sindhubai Natthuji Dhumal LETTERS PATENT APPEAL (ST.) NO.32638 OF 2011 CIVIL APPLICATION NO.117 OF 2018 The Conservator of Forests & Anr.
...Appellants Shri. Madhukar Dagadu Balsaraf LETTERS PATENT APPEAL (ST.) NO.32643 OF 2011 CIVIL APPLICATION NO.118 OF 2018 The Conservator of Forests & Anr.
...Appellants Shri. Vishwas Sitaram Shinde
LETTERS PATENT APPEAL (ST.) NO.31907 OF 2011 CIVIL APPLICATION NO.108 OF 2018 The Deputy Conservator of Forests ...Appellant Smt. Phulabai Baban Lande LETTERS PATENT APPEAL (ST.) NO.31901 OF 2011 CIVIL APPLICATION NO.107 OF 2018 The Conservator of Forests, Pune ...Appellant Shri. Mahadu Kundlik Tambde LETTERS PATENT APPEAL (ST.) NO.23297 OF 2011 (NOB TOB) CIVIL APPLICATION (ST.) NO.23298 OF 2018 (NOB TOB) The Conservator of Forests, Pune ...Appellant Smt. Indubai Narayan Chavan ----- Mr.A.B. Vagyani, GP, with Mr.P.P. More, AAGP, for Applicant. Mr.Onkar Warange for Respondents in LPA(St.) No.536/12, LPA(St.) No.30450/11, LPA(St.) No.17165/11, LPA(St.) No.32344/11 & LPA(St.) No.32624/11.
----- CORAM :
NARESH H. PATIL AND G.S. KULKARNI, JJ.
DATE :
24th JULY 2018 P.C.:
This group of Letters Patent Appeals arise out of the judgments and orders passed by the Industrial Court and the learned Single Judge
of this Court. The respondents/complainants had approached the Industrial Court claiming permanency in service. According to the respondents, they were working on daily wages and in that capacity, they continued to be in service for a period about 12 to 20 years. The complaints were filed in the Industrial Court under item Nos.5, 6, 9 and 10 of Schedule IV of the Maharashtra Trade Union and Prevention of Unfair Labour Practices Act 1971. According to the respondents, they had put in 240 days of service of the preceding year of filing of the complaints. The Industrial Court allowed the complaints and directed the appellants herein to grant the status of permanency and all the consequential benefits from the date of filing the complaint. 2.
The appellants questioned the judgment of the Industrial Court before the learned Single Judge by filing writ petitions. The writ petitions came to be dismissed by the learned Single Judge. 3.
The Government Pleader has placed a statement showing details in respect of 16 cases where the employees were made permanent. The permanency relates to the respondents in Letters Patent Appeal (St.)No.17193 of 2011, Letters Patent Appeal (St.)No.17206 of 2011, Letters Patent Appeal (St.)No.32632 of 2011, Letters Patent Appeal (St.)No.17202 of 2011, Letters Patent Appeal (St.)No.31901 of 2011, Letters Patent Appeal (St.)No.31832 of 2011, Letters Patent Appeal
(St.)No.32024 of 2011, Letters Patent Appeal (St.)No.17215 of 2011, Letters Patent Appeal (St.)No.31841 of 2011, Letters Patent Appeal (St.)No.17210 of 2011, Letters Patent Appeal (St.)No.32643 of 2011, Letters Patent Appeal (St.)No.17852 of 2011, Letters Patent Appeal (St.)No.32028 of 2011, Letters Patent Appeal (St.)No.30454 of 2011. 4.
Details in respect of the status of the employment in respect of the respondents in the Letters Patent Appeals are as under:- Sr.
No.
Name of Respondent Letters Patent Appeal (St.)No.
Remark Balkrishna Shankarrao Rajgurav 18124 of 2011 He was made permanent.
Vitthal Baburao Bhujbal 17165 of 2011 He was not made permanent. He is still working.
Shri Jayant Purushottam Joshi 17168 of 2011 Expired. He was not made permanent.
Shri Vitthal Sitaram Bhor 30450 of 2011 He was made permanent. He has retired already.
Shri Genbhau Appaji Lande 30347 of 2011 He was not made permanent. He expired on 2nd August 2005.
Shri Vitthal Dhavaji Dabhade 17197 of 2011 He was not made permanent. He left the work.
Sakharam Soma Dabhade 17197 of 2011 He was not made permanent and left the work.
Ramdas Sakharam Vare 17197 of 2011 He was not made permanent and left the work.
Ganpat Sonu Kedar 17197 of 2011 He was made permanent.
10 Kaluram Raghu Bazare 17162 of 2011 He was not on work. He left the work.
11 Madhukar Dagadu Balsaraf 32638 of 2011 He was not made permanent. He is still working.
(He will get benefit.) 12 Haribhau Namdeo Kute 31826 of 2011 He was not on work.
13 Smt.Indubai Narayan Chavan 23297 of 2011 He was made permanent.
14 Smt.Rukmini Khandu Kadam 31914 of 2011 She was made permanent. She expired after retirement.
15 Smt.Phulabai Baban Lande 31907 of 2011 She was made permanent. She expired after retirement.
16 Shri Suresh Sitaram Ovhal 32353 of 2011 He was made permanent. He is still working.
17 Shri Raghunath Ganpat Shelar 31855 of 2011 He was made permanent. He is still working.
18 Shri Baban Sadashiv Borkar 32547 of 2011 He was made permanent. He is still working.
19 Shri Tukaram Nivrutti Sawant 32344 of 2011 He was not made permanent.
20 Shri Ankush Daulatrao Shitole 32624 of 2011 He was not made permanent. He is still working.
21 Smt.Madina Basheer Shaikh She was not made permanent. She is still working.
5.
We have perused the record placed before us and the impugned judgments and orders. We have considered the submissions advanced. We do not find any error or perversity in the view adopted by the Industrial Court and the learned Single Judge. 6.
According to the information provided by the State along with the remarks in respect of the status of the employees as of now, we have incorporated the same in this order.
7.
After perusing the record placed before us and considering the submissions advanced, we find that Shri Vitthal Baburao Bhujbal, respondent in Letters Patent Appeal (St.) No.17165 of 2011, is still working. It would be appropriate in view of the order passed, to direct the appellants to take necessary steps for compliance of the order impugned herein.
8.
It is submitted that Shri Jayant Purushottam Joshi, respondent in Letters Patent Appeal (St.) No.17168 of 2011, expired on 17th December 2013. The learned Government Pleader submitted that Jayant Joshi was not made permanent. His legal representatives could not be traced out and copies could not be served. We clarify that the legal representatives of the deceased would be entitled to claim monetary benefits. Letters Patent Appeal (St.) No.17168 of 2011 stands disposed of with above said directions.
9.
Legal representatives of Shri Genbhau Appaji Lande, respondent in Letters Patent Appeal (St.) No.30347 of 2011, are entitled to claim monetary benefits.
10.
We hereby confirm the order in respect of Shri Vitthal Dhavaji Dabhade, respondent in Letters Patent Appeal (St.) No.17197 of 2011, who was not made permanent.
11.
We accordingly dispose of the letters patent appeals. 12.
In view of disposal of letters patent appeals, nothing survives in the civil applications. Civil Applications dispose of accordingly. [G.S. KULKARNI, J.] [NARESH H. PATIL, J.]