Digambar Wamanrao Jadhav v. The State Of Maharashtra And Others

920-wp-4539-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 920 WRIT PETITION NO.4539 OF 2020 DIGAMBAR WAMANRAO JADHAV

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Shahane Parag P a/w Mr. Shahane Pradeep L.

AGP for Respondent No.1 : Mr. S.R. Yadav Advocate for Respondent Nos.2 & 3 : Mr. A.R. Tapse h/f Mr. D.N. Suryawanshi ...

CORAM : RAVINDRA V. GHUGE & S.G. MEHARE, J.J.

DATED : 01st OCTOBER, 2021 PER COURT:- 1.

We have perused the entire pleadings of the petitioner and we fnd that several disputed issues have been raised in the memo of the petition with regard to non-payment of gratuity amounts, wrongful adjustments of the provident fund amounts against outstanding loan amount, medical reimbursements etc.

2.

The petitioner was working as a peon with respondent nos.2 and 3 and was deployed at the respondent no.3 factory. The disputes raised before us originate from his service conditions and his employment with these respondents.

3.

We have perused the afdavit in reply fled on behalf of respondent nos.2 and 3 and we fnd that they have disputed certain demands/claims made by the petitioner. An allegation of suppression 1/2

920-wp-4539-2020.odt of facts is also set out in the pleadings by the respondents. Contention of certain amounts already received by the petitioner in June 1992, is also put forth.

4.

We are of the view that we cannot exercise our extraordinary jurisdiction under Article 226 of the Constitution of India in such matters.

5.

In view of the above, this petition is disposed of with liberty to the petitioner to avail of a remedy as may be permissible in law. Nevertheless, we fnd it appropriate to note that if any amounts are admitted by the respondents in their afdavits dated 12.08.2021 and 22.09.2021 in this proceeding, the said amounts can be paid to the petitioner, as expeditiously as possible and preferably within a period of eight weeks from today.

(S.G. MEHARE. J.) (RAVINDRA V. GHUGE, J.) Mujaheed// 2/2