Atma Employees Welfare Association, Aurangabad Through Its Secretary Pradeep Balasaheb Pathak v. The Union Of India And Others

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ______________________________________________________ CONTEMPT PETITION NO. 399 OF 2016 IN WRIT PETITION NO. 5060 OF 2015 ATMA EMPLOYEES WELFARE ASSOCIATION, AURANGABAD

VERSUS

THE UNION OF INDIA AND OTHERS ...

Advocate for petitioner : Mr. S.D. Joshi AGP for Respondent/State :Mr.S.D. Kaldate Advocate for Respondent No.8 : Mr.Vishant P.

Kadam ...

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

Dated: JULY 8, 2016 The learned A.G.P. has tendered across the Bar the copy of the affidavit on behalf of Respondent No.4. The same is taken on record.

2.

This Petition raises disobedience of the order passed by this Court on 30th April, 2016 by which the Respondents were directed not to withdraw the work given to the members of the petitioner

Association. Along with the said affidavit at Exhibit R-7 Page 99 to 101, Respondent No.4 has placed on record the order dated 30th June, 2016, thereby reappointing the members of the Association. The name of Shri Kadam Chandrashekhar Dattrao stands at Sr. No.1 and Shri Durugkar Nitin Balkrushna stands at Sr. No.14, who are the members of the petitioner Association. It appears from the said order that though the services of Shri Kadam Chandrashekhar Dattaro, who stands at Sr. No.1, were put to an end on 10th April, 2016, again on 18th April, 2016 he was reappointed. So far Shri Durugkar Nitin Balkrushna, who stands at Sr.No.14, is concerned, on 26.04.2016, he was reappointed in service.

3.

The learned A.G.P. submits that the entire amount due and payable to Shri Kadam Chandrashekhar Dattarao and Shri Durugkar Nitin Balkrushna will be disbursed to them on submitting monthly diary. There is a separate order issued in respect of Shri Ghumalwad Shivdarshan Anandrao.

4.

In that view of the matter, so far three members of the petitioner

association are concerned, their grievance stands redressed/satisfied. So far Mr. K.S. Sahare is concerned, there is complaint against him, therefore, he is not taken back in service.

5.

Needless to observe that in case, if there is any provision to give opportunity to Shri K.S. Sahare the member of the petitioner Association, to defend himself, Respondent No.4 shall give opportunity to him to reply allegations in the complaint.

6.

With the above observations, the Contempt Petition stands disposed of.

7.

Needless to observe that the presence of the Officer stands dispensed with.

(SANGITRAO S.PATIL,J) (S.S.SHINDE,J) sga/