Ahmednagar Zilla Nagar Palika Kamgar Union Through Its General Secretary v. Bhushan Gagrani And Others

2024:BHC-AUG:24389

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

3 CONTEMPT PETITION NO. 614 OF 2022 IN WRIT PETITION NO. 4660 OF 2012 Ahmednagar Zilla Nagar Palika Kamgar Union, Trade Union Center, Tahsil Kacheri Road, Tq. Shrirampur, Dist. Ahmednagar Through its General Secretary Balasaheb Annasaheb Surde Age: 73 Years, Occu: Social Service, R/o: As above.

... Petitioner

Versus

1] Bhushan Gagrani [ As per Courts order dtd. 30/7/24, Principal Secretary for Urban Contempt Petition stands Development Department, dismissed as against R-No.1 ] State of Maharashtra Mantralaya Mumbai-32.

2] Govind Shinde Administrator, Shirdi Nagar Panchat, Shirdi, Ahmednagar Tq. Rahata & Dist. Ahmednagar.

3] Kakasaheb Doifode Chief Officer Shirdi Nagar Panchat, Shirdi, Tq. Rahata & Dist. Ahmednagar.

... Respondents ...

Advocate for the Petitioner : Mr. Parag Vijay Barde. Advocate for Respondent Nos.2 & 3 : Mr. Ashwin V. Hon. ...

CORAM :

KISHORE C. SANT, J.

DATE :

07th October, 2024.

P.C.:

.

This contempt petition is filed alleging that the respondents / alleged contemnors have not complied with the order passed by this Court on 15th July, 2015 in Writ Petition No.4660 of 2012. The operative part of the said order reads as under:- "14 As such, this Writ Petition is dismissed. It is expected that the Petitioner shall forward the proposal of Dagu Yadav Kharat for seeking regularization as a driver as per the directions of the Industrial Court within a period of EIGHT WEEKS (08) from today. The appropriate Government shall accordingly, pass the orders considering the directions of the Industrial Court within a period of SIXTEEN WEEKS (16) from the date of receipt of such proposal."

Thereafter, a review petition was filed and the same also came to be dismissed by order dated 5th March, 2021. The authorities were directed to forward the proposal of the present petitioner for regularization on the post of Driver. It is sought to be agitated that in spite of reminders and making the authorities aware of the order, no action was taken and therefore, this contempt petition is filed. Respondent No.3 has now filed affidavit-in-reply dated 15th July, 2024, 2024. A letter dated 17th January, 2023 is produced on record i.e. copy of communication forwarding a proposal to the Director

of Municipal Administration, C.B.D. Belapur, Navi Mumbai, as per the judgment and order passed by the Industrial Court and subsequently confirmed by this Court. The order seems to have been complied with. However, it took eight years from the judgment in the writ petition, for the authorities to forward the proposal and about two years from the date of rejection of the review petition. Further the authorities are now expected to take decision within three months from today as the authorities were directed to take decision within sixteen weeks from the date of receipt of the proposal.

In view of the above stated facts, this Court finds that no action is necessary under the Contempt of Courts Act. The contempt petition, therefore, stands disposed of as such. [ KISHORE C. SANT, J. ] nga