Bombay High CourtCA/2783/2015admittedallowedgrantedrule absolute

The Nandurbar Municipal Council, Nandurbar v. Sanjay Magan Marathe

2015-03-05Hon'Ble Shri Justice Ravindra V. Ghuge4 pages

*1* kps

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.2783 OF 2015 IN WRIT PETITION NO.718 OF 2006 WITH CIVIL APPLICATION NO.2784 OF 2015 IN WRIT PETITION NO.625 OF 2006 WITH CIVIL APPLICATION NO.2786 OF 2015 IN WRIT PETITION NO.626 OF 2006 WITH CIVIL APPLICATION NO.2787 OF 2015 IN WRIT PETITION NO.627 OF 2006 WITH CIVIL APPLICATION NO.2788 OF 2015 IN WRIT PETITION NO.628 OF 2006 WITH CIVIL APPLICATION NO.2789 OF 2015 IN WRIT PETITION NO.629 OF 2006 WITH CIVIL APPLICATION NO.2790 OF 2015 IN WRIT PETITION NO.630 OF 2006 WITH CIVIL APPLICATION NO.2791 OF 2015 IN WRIT PETITION NO.631 OF 2006

*2* WITH CIVIL APPLICATION NO.2792 OF 2015 IN WRIT PETITION NO.632 OF 2006 WITH CIVIL APPLICATION NO.2793 OF 2015 IN WRIT PETITION NO.633 OF 2006 WITH CIVIL APPLICATION NO.2794 OF 2015 IN WRIT PETITION NO.634 OF 2006 WITH CIVIL APPLICATION NO.2795 OF 2015 IN WRIT PETITION NO.635 OF 2006 WITH CIVIL APPLICATION NO.2796 OF 2015 IN WRIT PETITION NO.636 OF 2006 WITH CIVIL APPLICATION NO.2797 OF 2015 IN WRIT PETITION NO.637 OF 2006 WITH CIVIL APPLICATION NO.2798 OF 2015 IN WRIT PETITION NO.638 OF 2006 WITH CIVIL APPLICATION NO.2799 OF 2015 IN WRIT PETITION NO.555 OF 2006 The Nandurbar Municipal Council.

..Applicant/Orig.Petitioner -VersusSanjay Magan Marathe. (ca/2783/15)

*3* Arjun Barku Malve. (ca/2784/15) Vasant Raju Bhil. (ca/2786/15) Nasimbano Shikh Nasir. (ca/2787/15) Dharmendra Matusing Rajput. (ca/2788/15) Rajendra Pandit Patil. (ca/2789/15) Sunil Bhika Marathe. (ca/2790/15) Vajid Ali Mustak Ali Sayyed. (ca/2791/15) Mohd.Ali Mohd. Yusuf Patel. (ca/2792/15) Rajesh Gopalsing Pardeshi. (ca/2793/15) Shantaram Makadu Gaikwad. (ca/2794/15) Magan Babulal Gangurde. (ca/2795/15) Savitribai Bansilal Chaudhari. (ca/2796/15) Prakash Shena Kumbhar. (ca/2797/15) Suresh Dattatraya Marathe. (ca/2798/15) Arvind Nanda Chaudhari. (ca/2799/15) ..Respondents ...........

Mr.A.B.Girase, Advocate for the Applicant.

Mr.P.D.Bachate h/f Mr.R.S.Shinde, Advocates for the Respondents. ...........

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 05th March, 2015 Per Court:

All these Civil Applications have been filed by the Applicant/ Petitioner (Nandurbar Municipal Council) seeking an early final hearing in the respective Writ Petitions in which these applications have been filed. Mr.Girase, learned Advocate appearing for the Applicant, submits that the issue of grant of permanency by the Industrial Court by it's judgment dated 11.09.1996 is to be adjudicated upon. The Applicant is the Municipal Council. All the Respondents are presently in employment

*4* and are being continued in employment.

Mr.Bachate, learned Advocate appearing for the Respondents/ original Complainants before the Industrial Court, does not contradict the said statement. He fairly states that all the Respondents have preferred criminal proceedings under Section 48(1) r/w Sections 39 and 55 of the MRTU & PULP Act, 1971 on account of disobedience of the impugned judgment of the Industrial Court at the hands of the Applicant/ Petitioner. In the light of the above and since the impugned judgment is dated 11.09.1996, all these Civil Applications are allowed. As such, Writ Petition Nos.718/2006, 555/2006, 625/2006, 626/2006, 627/2006, 628/2006, 629/2006, 630/2006, 631/2006, 632/2006, 633/2006, 634/2006, 635/2006, 636/2006, 637/2006 and 638/2006 be listed for final hearing on 09.04.2015 at 2:30 pm.

Until further orders, the Respondents are directed that they shall not insist on the appearance of the Applicant/ Petitioner in the criminal complaints before the Labour Court and shall not insist for hearing of those criminal complaints.

(RAVINDRA V. GHUGE, J.)