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Bombay High CourtWP/10681/2022disposed off

Navnath Parshuram Panchal v. The Divisional Forest Officer

2022-10-17Hon'Ble Shri Justice Sandeep V. Marne2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10681 OF 2022 Navnath Parshuram Panchal .. Petitioner

Versus

The Divisional Forest Officer .. Respondent Shri Rajesh K. Khandelwal, Advocate for the Petitioner. Shri K. N. Lokhande, A.G.P. for the Respondent/Sole. AND WRIT PETITION NO. 10682 OF 2022 Hanumant Namdeo Tonde .. Petitioner

Versus

The Divisional Forest Officer .. Respondent Shri Rajesh K. Khandelwal, Advocate for the Petitioner. Mrs. G. L. Deshpande, A.G.P. for the Respondent/Sole. AND WRIT PETITION NO. 10683 OF 2022 Namdeo Pandurang Munde .. Petitioner

Versus

The Divisional Forest Officer .. Respondent Shri Rajesh K. Khandelwal, Advocate for the Petitioner. Shri K. B. Jadhavar, A.G.P. for the Respondent/Sole. CORAM :

SANDEEP V. MARNE, J.

DATE :

17TH OCTOBER, 2022.

FINAL ORDER :

.

These petitions are filed challenging order dated 19th April, 2022 passed by the Member, Industrial Court, Aurangabad

2 wp 10681.22 thereby vacating ad-interim order earlier granted on 11.10.2021. By that order the Industrial Court had directed not to change the service conditions of the complainant without following due procedure of law.

2.

Attention of the Industrial Court was drawn to the judgment passed by this Court in Kaduba Shankar Kasare Vs. The Divisional Forest Officer and another in Writ Petition No. 6440 of 2009 decided on 17th March, 2022, wherein it is held that the workers engaged under the National Rural Employment Guarantee Scheme (NREGS) and the Maharashtra Rural Employment Guarantee Scheme (MREGS) are not eligible for regularization of their services. It is thus apparent that the petitioners may not succeed in the claim for regularization of their service in view of the judgment of this Court in Kaduba Shankar Kasare (supra). Therefore, the Industrial Court has rightly rejected interim order dated 11.10.2021. 3.

In my opinion, no error is committed by the Industrial Court in passing order dated 19th April, 2022. The petitions are devoid of any merit. Same are dismissed without any orders as to cost.

[SANDEEP V. MARNE, J.] bsb/Oct. 22