Ayaskhan Dildarkhan Pathan v. Sarjerao Devrao Hivale, The Sarpanch, Grampanchayat Office, Jalna And Another

951-952-CP-411-2017 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 951/952 CONT. PETITION NO. 411 OF 2017 WITH CONT. PETITION NO. 442 OF 2017 AYASKHAN DILDARKHAN PATHAN

VERSUS

SARJERAO DEVRAO HIVALE, THE SARPANCH, GRAMPANCHAYAT OFFICE, JALNA AND ANOTHER ...

Mr. M.K. Bhosale h/f Mr. A.M. Salok, Advocate for Petitioner.

Mr. Swapnil D. Tawshikar, Advocate for Respondent No. 1.

Mr. Shaikh Mazhar Jagirdar, Advocate for Respondent No. 2.

....

CORAM : K.K. SONAWANE, J.

DATE : 26th September, 2017 ORDER:

1.

Learned Counsel Shri S.M. Jahgirdar submits that, he has an instructions, to appear on behalf of respondent no. 2-Gramsevak and he is going to file Vikalpatra on his behalf in the Registry during the course of day.

2.

He further submits that the respondent No. 2Gramsevak is not the party to the original proceeding before the learned Labour Court, Jalna. The respondent No. 2 has no any knowledge about the subject matter and he has been unnecessarily implicated by the petitioner in this case. Hence, he prayed to delete the respondent No.2 from the array of respondent no. 2.

951-952-CP-411-2017 (2) 3.

The learned counsel for the petitioner fairly conceded these facts and shown inclination to delete the respondent No. 2-Gramsevak from the array of respondent and seek leave. Accordingly, the leave granted to delete the name of the Gramsevak being respondent No.2. The petitioner to make the requisite amendment fortwith.

4.

The learned Counsel Shri Swapnil D.

Tawshikar appeared on behalf of respondent No. 1, and filed Vakilpatra on his behalf. He further submits that the dispute has been settled amicably between the petitioner and the respondent- Surpanch and the Award passed by the learned Labour Court is going to be executed. The respondent-Grampanchayat also ready to pay the back-wages within a period of one year from today. He has produced the document of amicable settlement, on record which is marked 'X'

for identification.

4.

In terms of amicable settlement, both the petitions stand disposed of accordingly.

(K.K. SONAWANE, J.) Sam..