Ramesh Pundlik Khedkar v. The State Of Maharashtra Through Its Secretary And Others

WP 9443/22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 71 WRIT PETITION NO.9443 OF 2022 RAMESH PUNDLIK KHEDKAR

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Advocate for Petitioner : Mr. N.L. Choudhari AGP for Respondents/State : Mr. S.K. Tambe Advocate for Respondent No. 3 : Mr. N.N. Desale ...

CORAM : RAVINDRA V. GHUGE & ARUN R. PEDNEKER, JJ.

DATED : OCTOBER 4th, 2022.

PER COURT :

1.

Shri N.L. Choudhari, the learned advocate on behalf of the petitioner has vehemently canvassed the grounds formulated in the petition.

2.

The petitioner is a 56 years old person, who was working as a Parichar (Attendant) with the Zilla Parishad. He was dismissed by a punitive order issued by the Chief Executive Officer (CEO), Zilla Parishad, Dhule on 19th March 2013. Assailing the order after 9 years, in a writ petition, would not be a fruitful exercise. Instead the petitioner would be better placed if he raises an industrial dispute under section 2A of the Industrial Disputes Act and gets his case referred to the Labour Court at Dhule for an adjudication on his order of dismissal.

WP 9443/22 3.

The learned counsel for the petitioner submits, on instructions, that the petitioner would raise an industrial dispute within four weeks.

4.

In view of the above, this petition is disposed off, with liberty to the petitioner to raise an industrial dispute as against the order of dismissal dated 19th March 2013.

[ARUN R. PEDNEKER J.] [RAVINDRA V. GHUGE, J.] SSC/