Maharashtra State Road Transport Corporation, Through Its Divisional Controller v. Baburao Kallappa Birajdar And ANR.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 11884 OF 2017 Maharashtra State Road Transport Corporation, Solapur Baburao Kallappa Birajdar WRIT PETITION NO. 8630 OF 2017 Maharashtra State Road Transport Corporation, Solapur Pandurang Gangaram Witkar WRIT PETITION NO. 11885 OF 2017 Maharashtra State Road Transport Corporation, Solapur Kedarnath Mallappa Bhadange WRIT PETITION NO. 11886 OF 2017 Maharashtra State Road Transport Corporation, Solapur Shobha wd/o Ashok Sathe WRIT PETITION NO. 11887 OF 2017 Maharashtra State Road Transport Corporation, Solapur Subhash Sitaram Kumbhar

2 / 10 917-WP-11884-2017.sxw WRIT PETITION NO.9693 OF 2017 Baburao Siddhappa Benure .... Respondent WRIT PETITION NO.10683 OF 2017 Dattatraya Dagadu Survase .... Respondent WRIT PETITION NO.10684 OF 2017 Dattu Malhari Waghmare WRIT PETITION NO.10685 OF 2017 Madhukar Anna Lawate .... Respondent WRIT PETITION NO.11516 OF 2017 Sadashiv Ishwarappa Bahirje WRIT PETITION NO.11518 OF 2017

3 / 10 917-WP-11884-2017.sxw Babu Bhau Chavan WRIT PETITION NO.12020 OF 2017 Sidram Sadashiv Awaje WRIT PETITION NO.12298 OF 2017 Mahadev Siddhappa Hulle WRIT PETITION NO.12301 OF 2017 Tulsabai Dattatraya Thorat WRIT PETITION NO.12303 OF 2017 Shiwaji Tukaram Jadhav WRIT PETITION NO.12447 OF 2017 Krishnat Upayatappa Kutti

4 / 10 917-WP-11884-2017.sxw WRIT PETITION (L) NO.17134 OF 2017 Bhagwat Vitthal Chabukswar WRIT PETITION (L) NO.17139 OF 2017 Kamal Shivaji Namde WRIT PETITION (L) NO.17732 OF 2017 Changdeo Dagadu Pawar WRIT PETITION (L) NO.17733 OF 2017 Audappa Somanna Pujari WRIT PETITION (L) NO.17791 OF 2017 Liyakat Amirali Mujawar WRIT PETITION (L) NO.17834 OF 2017

5 / 10 917-WP-11884-2017.sxw Mohmed Rafique Ismail Sayyed WRIT PETITION (L) NO.17895 OF 2017 Shivaji Pandharinath Nichal WRIT PETITION (L) NO.17897 OF 2017 Siddheshwar Vishnu Magade WRIT PETITION (L) NO.17972 OF 2017 Maruti Sopan Sawant WRIT PETITION (L) NO.17973 OF 2017 Shivayya Sidramayya Swami WRIT PETITION (L) NO.17974 OF 2017 Sulabha Dattatraya Wandare WRIT PETITION (L) NO.18003 OF 2017

6 / 10 917-WP-11884-2017.sxw versus Nabilal Mehboob Sheikh WRIT PETITION (L) NO.18079 OF 2017 Nagnath Ganpat Gaikwad WRIT PETITION (L) NO.18207 OF 2017 Veerbhadra Shivappa Hotkar WRIT PETITION (L) NO.24711 OF 2017 Vijaykumar Ambadas Bhuite WRIT PETITION (L) NO.25181 OF 2017 Anil Tulshiram Patre WRIT PETITION (L) NO.25189 OF 2017 Namdev Jayavant Darade

7 / 10 917-WP-11884-2017.sxw WRIT PETITION (L) NO.25208 OF 2017 Nandkumar Sanjivan Kamble WRIT PETITION (L) NO.25432 OF 2017 Usman Lala Sayyed WRIT PETITION (L) NO.25433 OF 2017 Vasant Ramchandra Raut WRIT PETITION (L) NO.25434 OF 2017 Shiwaji Tulsidas Taklikar WRIT PETITION (L) NO.27952 OF 2017 Gulab Turasaheb Attar WRIT PETITION (L) NO.27956 OF 2017

8 / 10 917-WP-11884-2017.sxw Sarjerao Rama Bharti WRIT PETITION (L) NO.27971 OF 2017 Mohan Narayan Dhole WRIT PETITION (L) NO.28007 OF 2017 Shashikant Narayan Naidu WRIT PETITION NO. 10686 OF 2017 Jayprakash Appasaheb Shinde WRIT PETITION NO. 12448 OF 2017 Sharda Ashok Kamble Mr.

Y.P. Deshmukh for the Petitioner in all the above Writ Petitions. Mr.Prasad B. Kulkarni for the Respondent in all the above Writ Petitions. CORAM : S.J. KATHAWALLA, J.

DATED : 11 th DECEMBER, 2017 P.C.:

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Forty-one Writ Petitions are on board. Two Writ Petitions being Nos.10686 and 12448 of 2017 are not on board. They are at the request of the Advocates taken on board. Mr. Prasad Kulkarni undertakes to file Vakalatnama in the above Writ Petitions except Writ Petition (L) Nos.17733, 17972, 24711 and 25432, of 2017. The undertaking is accepted.

2.

Heard the Learned Advocates appearing for the parties. In the above Writ Petitions except Writ Petition (L) Nos.17733, 17972, 24711 and 25432, of 2017, the following order is passed, by consent :- (a) The orders dated 16 th March, 2016 and 29 th November, 2016 are set aside.

(b) The Controlling Authority under the Payment of Gratuities Act, 1972, Solapur shall decide the complaint filed by the employees afresh after giving hearing to both the parties and/or their Advocates.

(c) The Controlling Authority under the Payment of Gratuities Act, 1972, Solapur shall endevour to dispose off the Complaint filed by the employees within a period of eight weeks from the date of this order. (c) All contentions of the parties are kept open. (d) The parties and/or their Advocates shall appear before the Controlling Authority under the Payment of Gratuities Act, 1972, Solapur on 13 th December, 2017 at 11.00 a.m. and after producing a copy of this order obtain necessary directions in the matter.

10 / 10 917-WP-11884-2017.sxw (e) The parties shall not seek adjournment/s unless absolutely necessary. The Controlling Authority under the Payment of Gratuities Act, 1972, Solapur shall also not adjourn the proceedings unless absolutely necessary. 3.

In view of this order, the above Writ Petitions except Writ Petition (L) Nos.17733, 17972, 24711 and 25432 of 2017 are disposed off. 4.

As far as Writ Petition (L) Nos.17733, 17972, 24711 and 25432, of 2017 are concerned, none appear for the Respondents though served. The same are admitted and placed for hearing and final disposal on 19 th December, 2017. The Learned Advocate for the Petitioner shall forthwith serve a copy of this order on the Respondents by Speed Post/Registered Post A.D. and/or by hand-delivery and file an Affidavit proving service on the adjourned date. Since 39 Writ Petitions are disposed off by this order after hearing the parties and the issue involved in the remaining four Writ Petitions is the same, the four Writ Petitions being (L) Nos.17733, 17972, 24711 and 25432, of 2017 be treated as part-heard and the permission from the Hon'ble Chief Justice to this effect shall be forthwith obtained. ( S.J.KATHAWALLA, J. )