Bombay High CourtWP/1481/2015disposed offdismissed for default

Vithal Sitaram Jadhav v. The Divisional Social Welfare Officer, Aurangabad And Others

2016-10-04Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

*1* 3.wp.1481.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1481 OF 2015 VITHAL SITARAM JADHAV

VERSUS

THE DIVISIONAL SOCIAL WELFARE OFFICER, AURANGABAD AND OTHERS.

...

Advocate for Petitioner : Shri Wakade Ramesh I. AGP for Respondents 1 and 2 : Shri P.N.Kutti. Advocate for Respondents 3, 4, 6 and 7 : Shri V.D.Salunke. ...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 04th October, 2016 Per Court:

The Petitioner has challenged the order dated 22.08.2014 delivered by Respondent No.1 Competent Authority by which his Appeal No.7/2009 has been dismissed. However, Respondent No.3/ Educational Institution was directed to pay the unpaid wages for the period 01.06.2000 to 27.10.2008.

This order was challenged by the said Educational Society in Writ Petition No.9707/2014. After hearing the instant Petitioner/ Employee, by judgment dated 20.08.2015, the impugned order dated 22.08.2014 was quashed and set aside and the Petitioner/ Employee was

*2* 3.wp.1481.15 permitted to prosecute the Application (IDA) No.47/2012 before the Labour Court as the said proceedings were initiated by the Petitioner/ Employee for recovery of purported unpaid wages for the same period 01.06.2000 to 27.10.2008.

Shri Salunke, learned Advocate for the Respondents/ Educational Institution, therefore, rightly submits that the Petitioner should have brought this aspect to the notice of this Court on 13.01.2016. He expresses his surprise as to why has the Petitioner not apprised this Court of the above said facts when the same learned Advocate appeared for the same Employee in Writ Petition No.9707/2014. However, he fairly and graciously submits that he does not desire to make any statement against the learned Advocate for the Petitioner in this matter. The learned Advocate for the Petitioner tenders an apology in the light of the above facts.

As such, this Writ Petition having been rendered infructuous, stands disposed of.

kps (RAVINDRA V. GHUGE, J.)