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Bombay High CourtCA/155/2023disposed off

Balasaheb Nivritti Dighe And Another v. Forest Department Ahmednagar Through Deputy Conservator Of Forest And Another

2023-01-07Hon'Ble Justice Sharmila U. Deshmukh2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.155 OF 2023 IN WRIT PETITION NO.1747 OF 2012 BALASAHEB NIVRITTI DIGHE AND ANOTHER

VERSUS

FOREST DEPARTMENT AHMEDNAGAR THROUGH DEPUTY CONSERVATOR OF FOREST AND ANOTHER - - - Mr. Parag Vijay Barde, Advocate for the Applicants. Mr. R.B. Bagul, AGP for the Respondent/State. - - - CORAM : SHARMILA U. DESHMUKH, J.

DATED : JANUARY 07, 2023.

PER COURT :

1.

The petition challenges the common judgment and order dated 6th November, 2008 passed by the learned Member, Industrial Court, Aurangabad in complaint ULP Nos.37/1996, 140/1996, 141/1996, 34/1997, 35/1997, 395/1998 and 396/1998. The complaint ULP was filed before the Industrial Court, Aurangabad by Ahmednagar Zilla Van Kamgar Union on behalf its Members which were enumerated in annexure "A" to the said complaint, seeking permanency which came to be dismissed.

2.

Learned counsel for the applicants submits that the Applicant No.1-Balasaheb Nivritti Dighe herein, whose name appears at Sr.No.8 at Annexure "A" to the complaint ULP No.37/1996, has

2 / 2 907ca155-23 been granted permanency by the respondents and does not wish to prosecute further.

3.

The petition has been filed by the Union on behalf of its employee Member and since the Applicant No.1 has already received benefit of permanency, the case of Applicant No.1 will not be considered at the time of deciding the Writ Petition. 4.

The Civil Application is accordingly allowed and the applicants' prayer as to non-prosecution of the writ petition is permitted to the extent of Applicant no.1- Balasaheb Nivritti Dighe. The civil application is accordingly disposed of. ( SHARMILA U. DESHMUKH, J. ) sa_mandwgad