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Bombay High CourtWP/4236/2016disposed offdismissed for default

Bharat Mahadeo Jagtap And Others v. The State Of Maharashtra And Others

2016-07-21Hon'Ble Shri Justice Sangitrao S. Patil,Hon'Ble Shri Justice S.S. Shinde3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AURANGABAD WRIT PETITION NO. 4236 OF 2016 Bharat s/o Mahadeo Jagtap and others

...Petitioners

VERSUS

The State of Maharashtra & others ...Respondents .....

Shri P.K.Wagh, advocate for petitioners Shri A.V.Deshmukh, A.G.P. for respondent nos. 1 and 2 ShriS.B.Munde, advocate for respondent no.3 .....

CORAM : S.S.SHINDE AND SANGITRAO S.PATIL, JJ.

DATED : 21st JULY, 2016 PER COURT :- Heard learned counsel for the parties.

Perused the pleadings in the petition and the documents placed on record.

2.

The learned counsel appearing for the petitioners submits that in case of the employees

in the employment of Zilla Parishad, Osmanabad and Latur, though 'Maruf Agreement' was made applicable, governing their service conditions, subsequently, application of said agreement was cancelled and 'Kalelkar Settlement' is made applicable governing their service conditions. 3.

The statement made by the learned counsel appearing for the petitioners is also confirmed by the learned counsel appearing for respondent no.3Zilla Parishad. He submits that already proposal is forwarded by respondent no.3 to respondent no.1, requesting for applying 'Kalelkar Settlement' instead of 'Maruf Agreement' to the employees of the respondent no.3.

4.

There is innocuous prayer in the petition, inasmuch as the direction is sought to respondent no.1 to decide the proposal dated 1-6-2015 submitted by respondent no.3 in respect of applicability of the provisions of 'Kalelkar Agreement' to the petitioners who are working

under 'Maruf Agreement'.

5.

In that view of the matter, we direct respondent no.1-State to take a decision on the said proposal, dated 1-6-2015 forwarded by respondent no.3, if necessary, after hearing the parties, as expeditiously as possible, and preferably within a period of twelve (12) weeks from today and communicate the said decision to the petitioners and respondent no.3. We make it clear that we have not expressed any opinion on merits and it is left to respondent no.1 to take appropriate decision.

6.

With the above directions, the Writ Petition is disposed of.

(SANGITRAO S.PATIL,J.) (S.S.SHINDE,J.) dbm/wp4236.16