Bvg India Limited v. Sumit Shantilal Rathod And Others
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
902 REVIEW APPLICATION (CIVIL) NO.248 OF 2023 IN WP/4358/2023 BVG India Limited 2nd Floor, Aundh Chest Hospital, Aundh Camp. New Sangvi, Pune-411027.
... Applicant (Original Res. No. 7)
Versus
1.
Sumit Shantial Rathod Age: 32 year, Occup: Driver, At: Ghusur Tanda Post: Chikhalkhan Tq: Kannad, Dist: Aurangabad.
2.
Ajinath Devidas Sonwane Age: 32 yrs, Occup: Driver, Plot no. 75 Servey No. 152/2, Indra Park, Vasant Nagar, Harsool, Dist: Aurangabad.
3.
Sainath Nanarao Harkal Age; 39 yrs, Occup: Driver Tq: Fulambri, Dist; Aurangabad.
4.
Bhaginath Shridhar Mankape Age: 36 yrs, Occup: Driver, Post: Jategaon, Tq: Phulamri, Dist: Aurangabad.
5.
Allawale Ramiani Shah Age: 45 yrs, Occup: Driver, At post: Gadana,Tq: Khultabad, Dist: Aurangabad.
6.
Pravin Dilip Bhivsane At: Ridhora, Post: Takli Kolte, Tq: Plulambri, Dist: Aurangabad.
7.
Deepak Arun Bhamre Post: Kheda, Dist : Aurangabad.
8.
Vilas Ramdas Bhalerao H. No.14, Sr.no. 11505 Ekta Nagar, Jatwada Road, Harsul, Dist: Aurangabad.
9.
Dilip Laxman Chavan Mu.Po. Sultanpur, Near Mhadev Mandir Tq: Khultabad, Dist: Aurangabad.
10.
The Union of India, Through It's Secretary, Ministry of Health and Family Welfare, Nirman Bhavan, New Dellhi.
11.
State of Maharashtra, Through its Secretary Public Health Department 10th Floor Complex Building Premises of GT Hospital, Mumbai.
12.
Director of Health Services, Directorate of Health Services, Mumbai.
13.
The Divisional Commissioner, Aurangabad division, Aurangabad.
14.
Chief Executive Officer, Zilla Parishad, Aurangabad.
... Respondents (Res. Nos. 1 to 9 are original Petitioners and Res. No. 10 to 14 are Original Res. No.1 to 5) ...
Mr. Ashutosh M. Kulkarni h/f Mr. Girish N. Kulkarni, Advocate for Applicant. Mr. P. A. Kulkarni, Advocate for Respondent Nos.1 to 9. Mr. P. S. Patil, AGP for Respondent Nos.11 to 13. Mr. V. C. Patil, h/f Mr. U. B. Bondar, Advocate for Respondent No.14. ...
CORAM :
RAVINDRA V. GHUGE & SANJAY A. DESHMUKH, JJ.
DATE :
30th November, 2023.
Per Court:
1.
We have considered the submissions of the learned Advocate Shri Ashutosh Kulkarni through the virtual mode. The learned Advocate for the original Petitioners has relied upon the
affidavit-in-reply and has canvassed the grounds set out for opposing the Review Application.
2.
Having heard the submissions of the learned Advocates, it is undisputed that the Review Applicant was Respondent No.6 in Writ Petition No.4358 of 2023. It is equally undisputed that notice was not issued to the Review Applicant when the Writ Petition was heard. A short order was passed on the ground that the contractual ambulance drivers were held entitled for minimum pay-scale in the lowest grade as was available to the regular drivers in various other proceedings before various benches and, therefore, this Court disposed off the Writ Petition issuing similar directions by which, the present Review Applicant was cast with the responsibility of continuing the contractual ambulance drivers and pay their salaries in view of the directions of the Court. The Review Applicant is aggrieved that effective directions were issued against it without even an opportunity of hearing. The learned Advocate for the original Petitioners concedes to this fact situation.
3.
It is apparent that the Review Applicant, who was Respondent No.6 in the Writ Petition, was not heard when the order was passed, though the said order was based on earlier orders, which considered purported similarity amongst the contractual employees.
Now that a grievance has been raised by the said Respondent no.6/Review Applicant, it would be appropriate to restore the Writ Petition and grant an opportunity to Respondent No.6 to enter its affidavit-in-reply.
4.
In view of the above, this Review Application is allowed. The impugned order dated 18th April, 2023 is recalled and Writ Petition No.4358 of 2023 is restored at the stage of admission hearing. [ SANJAY A. DESHMUKH, J. ] [ RAVINDRA V. GHUGE, J. ] nga