Anil Uttamrao Kande v. The State Of Maharashtra And Others

1 975

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 975 WRIT PETITION NO.1761 OF 2020 ANIL UTTAMRAO KANDE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner: Dr. R. J. Godbole AGP for Respondent/State: Mr. K. N. Lokhande ...

CORAM :ARUN R. PEDNEKER, J.

DATE :25th OCTOBER, 2023 PER COURT:

1.

Heard.

2.

The learned counsel for the petitioner submits that the petitioner has challenged para 4 of the final order, wherein the appellate court granted 30% of back-wages from the date of termination till the date of reinstatement with continuity in service and all other consequential benefits.

3.

The challenge is limited to the entitlement of 30% of back-wages. He submits that the petitioner is entitled for 100% backwages. He further submits that the petitioner has filed an affidavit that the petitioner was not employed

2 975 anywhere during his period of termination till the date of reinstatement. He submits that the petitioner has filed evidence to that effect in the form of affidavit before the Tribunal.

However, there is no discussion about this aspect in the order passed by the tribunal so also it is not known whether any evidence was lead by the management to show whether the respondent was employed somewhere.

4.

In view of the same, I remit this matter to the tribunal only to the extent of deciding the entitlement of the petitioner towards back-wages. The tribunal on the basis of material is directed to render a fresh finding on the entitlement of the petitioner. The tribunal to consider the material that was placed before it and render appropriate finding on it's own merits.

5.

The Writ Petition stands disposed of.

[ARUN R. PEDNEKER, J.] marathe