The State Of Mah. v. Ramesh Narayan Patil

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 48 WRIT PETITION NO.1368 OF 2005 The State of Maharashtra Through The Dy. Conservator of Forest, Jalgaon Forest Division, Jalgaon Range Forest Officer, Parola, Tq. Parole, Dist. Jalgaon Shri Ramesh Narayan Patil, ...RESPONDENTS R/o. Dholi, Tq. Parola, Dist. Jalgaon WRIT PETITION NO. 5078 OF 2003 The State of Maharashtra Through The Secretary, Forest Department for Government of Maharashtra, Mantralaya, Mumbai-34 The Conservator of Forest Department, Dhule Circle, Near SRP, Camp Road, Dhule 3.

The Dy. Director Conservator of Forest Department Utter, Dhule, Vanvibhag, A/o. & Tq. Shahada, Dist. Dhule

(2) Dhule Zilla Vankamgar, ...RESPONDENT Shramik Sangh, 124 Adarsha Colony, Deopur, Dhule WRIT PETITION NO. 162 OF 2003 The State of Maharashtra, Through the Deputy Director, (Ori. Resps.) Social Forestry, Jalgaon Division, Jalgaon The Plantation Officer, Social Forestry, Range Office, Raver, Tq. Raver, Dist. Jalgaon Shrikrishna Damu Patil, ...RESPONDENT R/o. Udali, Tq. Raver, (Ori. Complts.) Dist. Jalgaon WRIT PETITION NO. 228 OF 2003 The State of Maharashtra, Through (Ori. Resps) Dy. Conservator of Forests, Jalgaon Forest Division, Jalgaon Dist. Jalgaon Range Forest Officer, Employment Guarantee Scheme, Varangaon No. 3, Having Office at RFO, Edlabad, Dist. Jalgaon

(3) Khandesh Van Shramik Sanghatana, ...RESPONDENT Trade Union Center, (Ori. Applicant) Rani Laxmi Chowk, Amalner, Dist. Jalgaon WRIT PETITION NO. 1361 OF 2005 The State of Maharashtra, Through (Ori.Resps) The Dy. Conservator of Forest, Jalgaon Forest Division, Jalgaon Range Forest Officer, Jalgaon Forest, Colony, Ring Road, Jalgaon Shri. Premraj Budha Patil, ..RESPONDENTS R/o. Umarde, Tq. Erandol, Dist. Jalgaon WRIT PETITION NO. 1362 OF 2005 The State of Maharashtra, Through (Ori.Resps) The Dy. Conservator of Forest, Jalgaon Forest Division, Jalgaon Range Forest Officer, Jalgaon Forest, Colony, Ring Road, Jalgaon Shri Bhagwat Nagraj Patil, ...RESPONDENT R/o. Vikhran, Tq. Erandol, (Ori.Applicant)

(4) Dist. Jalgaon WRIT PETITION NO. 1363 OF 2005 The State of Maharashtra, Through (Ori.Resps) The Dy. Conservator of Forest, Jalgaon Forest Division, Jalgaon Range Forest Officer, Jalgaon Forest, Colony, Ring Road, Jalgaon Shri. Tukaram Bhaga Pawar, ...RESPONDENTS R/o. Padmalay, Tq. Erandol, (Ori.Applicant) Dist. Jalgaon WRIT PETITION NO. 1364 OF 2005 The State of Maharashtra, Through (Ori.Resps) The Dy. Conservator of Forest, Jalgaon Forest Division, Jalgaon Range Forest Officer, Bha. Va. Ka. No.6, Jamner, Dist. Jalgaon Prakash Mahadu Patil, ...RESPONDENT R/o. Asankheda, Tq. Pachora (Ori.Applicant) Dist. Jalgaon WRIT PETITION NO. 1365 OF 2005

(5) The State of Maharashtra, Through (Ori.Resps) The Dy. Conservator of Forest, Jalgaon Forest Division, Jalgaon Range Forest Officer, Bha. Va.Ka.No.6, Jamner, Tq. Jamner, Dist. Jalgaon Deepali Dagadu Mahajan, ...RESPONDENT R/o. Krushnapuri, Pachora Dist. Jalgaon WRIT PETITION NO. 1366 OF 2005 The State of Maharashtra, Through (Ori.Resps) The Dy. Conservator of Forest, Jalgaon Forest Division, Jalgaon Range Forest Officer, Bha. Va.Ka.No.6, Jamner, Tq. Jamner, Dist. Jalgaon Nana Pandit Pawar, ...RESPONDENTS R/o. Lakh Post, Khurud, Tq. Pachora Dist. Jalgaon WRIT PETITION NO. 1367 OF 2005 The State of Maharashtra, Through (Ori.Resps) The Dy. Conservator of Forest, Jalgaon Forest Division, Jalgaon

(6) Range Forest Officer, Bha. Va.Ka.No.6, Jamner, Tq. Jamner, Dist. Jalgaon Gulab Budhan Patel, ...RESPONDENT R/o. Khurhad, Tq. Pachora, (Ori. Applicant) Dist. Jalgaon WRIT PETITION NO. 1369 OF 2005 The State of Maharashtra, Through (Ori.Resps) The Dy. Conservator of Forest, Jalgaon Forest Division, Jalgaon Range Forest Officer, Bha. Va.Ka.No.6, Jamner, Tq. Jamner, Dist. Jalgaon Yuvraj Motiraj Thakre, ...RESPONDENT R/o. Khurhad, Tq. Pachora Dist. Jalgaon WRIT PETITION NO. 5079 OF 2003 The State of Maharashtra, Through the Dy. Director, (Ori.Resps) Social Forestry Division, Near Palesha College, Jamangari Road, Dist. Dhule The Plantation Officer,

(7) Social Forestry Range, Nandurbar, Dist. Dhule, Azad Shankar Gavit, ...RESPONDENTS Age-40 years, Occu-Service, R/o. Ranale (Kh), Taluka and Dist. Nandurbar, Gram Sevak, Grampanchayat Vadzakani, Tq. Nandurbar, Dist. Nandurbar WRIT PETITION NO. 5080 OF 2003 The State of Maharashtra, Through the Dy. Director, (Ori.Resps) Social Forestry Division, Near Palesha College, Jamangari Road, Dist. Dhule The Plantation Officer, Social Forestry Range, Nandurbar, Dist. Dhule, Suklal Sonya Kokani, ...RESPONDENTS Age-39 years, Occu- Service, R/o. Wagha, Nandurbar, Taluka and Dist. Nandurbar, WRIT PETITION NO. 5081 OF 2003 The State of Maharashtra, Through the Dy. Director, (Ori.Resps)

(8) Social Forestry Division, Near Palesha College, Jamangari Road, Dist. Dhule The Plantation Officer, Social Forestry Range, Nandurbar, Dist. Dhule, Phulsing Sonya Kokani, ...RESPONDENTS Age-38 years, Occu-Service, R/o. Waghala, Nandurbar, Taluka and Dist. Nandurbar, Gram Sevak, Grampanchayat Waghade, Tq. Nandurbar, Dist. Nandurbar Mr. N. T. Bhagat, AGP for the petitioner Mr. B. R. Warma, Advocate for the respondent No.1 in wp/1368/2005 Mr. B. A. Darak, Advocate in wp 1361/2005 to 1366/2005 and 1369/2005 Mr. A. S. Shelke, Advocate for the respondent in wp/ 162/2003, 228/2003 CORAM : RAVINDRA V. GHUGE, J.

DATE : 14-03-2022 ORAL JUDGMENT :

This Court had stayed the direction of the

(9) Industrial Court by which the petitioner was obliged to grant permanency to the respondents. However, all the respondents were to be allotted work and they have continued in employment. Most of them have superannuated.

I have considered the strenuous submissions of the learned AGP who has vehemently criticized the impugned judgment of the Industrial Court on the basis of the twelve grounds formulated in the memo of the petition. His primary contention is that the petitioner-Forest Department is not an industry. Whether it is an Industry or not, in the light of the judgment delivered by the Hon'ble Supreme Court in the Bangalore Water and Sewerage Board Vs A. Rajappa and others reported in (1978)2 SCC 213, has been referred to a larger bench by the Hon'ble Supreme Court (5-Judges Bench) in State of U.P. Vs Jai Bir Singh reported in (2005) 5 SCC 1. He, however, concedes that the said issue is yet not taken up for adjudication by the Hon'ble Supreme Court.

3.

The learned Division Bench of this court (Coram: A. S. Oak (as His Lordship then was) and M.

(10) S. Sonak, JJ) in the matter of Chief Conservator of Forest, Pune (T) and another Vs Janabai Sonaba Sarpale reported in 2019 II CLR 28, the Social Forestry Department in the State of Maharashtra has been held to be an industry.

4.

The learned Advocate for the petitioner turns to his second limb of submissions that all these respondents were appointed as temporary Mazdoor or Forest Guards and they were working under the Employment Guarantee Scheme (EGS). He has vehemently contended that this court has consistently taken a view that workers working on EGS cannot seek reinstatement, regular employment or permanency in service. A specific stand was taken in the written statement that these workers are working under EGS.

5.

I have perused the record available, with the assistance of the learned Advocates for the respective sides. It is obvious that the petitioner has merely taken a stand that these workers were working under EGS. However, no record has been produced before the Labour Court. No documents indicating that these workers were working under the

(11) EGS have been produced.

6.

It requires no debate that there are special Cells in various Departments in the State of Maharashtra to deal with EGS employees. A specific officer is entrusted with handling the department of the EGS. All EGS employees are issued with cards indicating their identity and the fact that they are working under EGS. Their payments are made through the EGS funds. Their attendance and pay register are maintained by the officer handling the EGS Department. None of these documents were produced before the labour court and as such the labour court rightly concluded that, besides a mere statement in written statement, there was no evidence to support/ substantiate the claim of the petitioners that these respondents were working in EGS.

7.

Record reveals that these workers have been working on daily wages for more than three decades. Some joined in 1986 and some joined in 1988. Most of them have superannuated. The impugned judgments have been delivered by the Industrial Court, Jalgaon in 2003. Since these matters were admitted, the respondent/original complainants were continued in

(12) employment on daily wages and have been kept away from the benefits incidental and consequential to regularization, since, this court stayed the direction of the Industrial Court granting them permanency.

8.

In view of the above, I do not find that the impugned judgment of the Industrial Court could be termed as being perverse or erroneous. The Industrial Court has rightly followed the law laid down in the Chief Conservator of Forests and another Vs Jagannath Maruti Kondhare reported in (1996) 2 SCC 293 wherein it was directed that if posts are not available, parity in wages on the basis of the principle of "Equal pay for equal wages", has to be followed.

9.

In view of the above, these petitions are dismissed. Rule is discharged.

10.

Needless to state that the respondents would be entitled to the benefits of difference in wages as was directed by the Industrial Court. Considering that these respondents have been working for more than three decades and many of them have

(13) superannuated, the petitioner-Deputy Conservator of Forest Jalgaon Forest Division shall forward the proposals of these respondents to the appropriate authorities for considering grant of regularization and a deemed date of regularization. Such proposals shall be prepared on or before 30-06-2022 and shall be forwarded to the Principal Secretary Forest Department. Said department shall consider these proposals as expeditiously as possible and in any case on or before 31-11-2022. The eligible candidates would be granted deemed dates of regularization with all monetary benefits incidental and consequential thereto.

11.

No costs.

[ RAVINDRA V. GHUGE, J. ] VishalK/wp1368.05