Mahatma Gandhi Mission Trust Nanded Through Its Secretary v. Vasant Marutrao Kadam And ORS

W.P.No.6771/2010

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO. 6771 OF 2010 1.

Mahatma Gandhi Mission Trust Nanded through its Secretary Shri Ankushkumar s/o Nanasaheb Kadam, age 67 years, r/o Nandanvan Colony, Aurangabad, Taluka and District Aurangabad 2.

Jawaharlal Nehru Engineering College, Aurangabad, through its Principal ..Petitioners

Versus

1.

Dr. Vasant Marutrao Kadam, Age 65 years, Occu. Pensioner, r/o 63, N-1, Section `A', CIDCO, Aurangabad 431 003 2.

Dr. Babasaheb Ambedkar Marathwada University, Aurangabad through its Registrar 3.

The Grievance Committee, Dr. Babasaheb Ambedkar Marathwada University, Aurangabad 4.

The Managing Council, Dr. Babasaheb Ambedkar Marathwada University, Aurangabad ..Respondents Mr V.D. Salunke, Advocate for petitioners Mr Ajay Deshpande, Advocate for respondent no.1 Mr K.M. Suryawanshi, Advocate for respondent no.2 Respondents no.3 and 4 served CORAM : R.M. BORDE AND A.M. DHAVALE, JJ DATE : 18th July 2017 PER COURT Heard.

2.

The petitioner - institution is objecting to the order passed by the Grievance Committee dated 8th November 2008, annexed at Exh.'D' to

W.P.No.6771/2010 the petition. According to the petitioners, the Grievance Committee has rendered the decision without extending an opportunity to the petitionerinstitution and hence, the decision taken is the breach of natural justice, as such same deserves to be quashed and set aside. 3.

It has not been seriously controverted that the management has not been extended opportunity of hearing before rendering the decision. It has been pointed out that in view of Section 79 of the Maharashtra Public Universities Act, 2017, the Grievance Committee has been constituted for redressal of the grievances of the employees of the affiliated colleges and the university's employees. The matter, therefore, shall have to be considered by the Grievance Committee constituted under the provisions of Section 79 of the Maharashtra Public Universities Act, 2017.

4.

In the facts and circumstances of the case, this petition can be disposed of by granting liberty to the respondent - employee to tender detailed application setting out his grievance to the Grievance Committee. If the respondent - employee tenders application/appeal to the Grievance Committee within a period of six weeks from today, the Grievance Committee shall consider the same and take appropriate decision in the matter after extending opportunity to the respondentemployee, as expeditiously as possible, preferably within a period of four months from the date of receipt of application/appeal. 5.

With the above directions, writ petition stands disposed of. ( A.M. DHAVALE, J.) ( R.M. BORDE, J.) vvr