Trysem And Mini Iti Employees Union Thr Member v. The State Of Maharshtra And ANR

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO.710 OF 2018 IN WRIT PETITION NO.5841 OF 2012 Trysem & Mini I.T.I. Employees Union Through its Member, Vinod s/o Bhaskar Shirsale, Age : 45 years, Occu. Service, R/o New Postal Colony, Plot No. 20, Jalgaon, Dist. Jalgaon ..PETITIONER

VERSUS

1.

The State of Maharashtra, Through the Secretary, Mr Aseem Gupta, Rural Development Department, Mantralaya, Mumbai - 32 2, The Secretary, Mr U.P.S. Madan, Finance Department, Mantralaya, Mumbai - 32 3.

Manoj D. Jadhav, Deputy Secretary, Rural Development Department, Badhkam Bhawan, 25, Marzaban Road, Fort, Mumbai-400 001 ..RESPONDENTS Mr P.R. Patil, Advocate for petitioner;

Mr S.Y. Mahajan, A.G.P. for respondent - State CORAM : PRASANNA B. VARALE AND MANISH PITALE, JJ.

DATE : 5th October, 2018

(2) ORAL ORDER:

The grievance of the petitioner is, the order was passed by the Division Bench of this Court on 13th July, 2018 in Civil Application No.866 of 2018 in Writ Petition No.5841 of 2012. A copy of the order is placed on record at Exh.'A'. The respondents authorities were directed to maintain status quo as on that date.

2.

It was the submission of Mr P. R. Patil, learned Counsel appearing on behalf of the petitioner that in spite of the order of this Court, Government Resolution was issued on 1st August, 2018, thereby the State Government decided to close down Trysem and Mini ITI Centers. The consequential effect of this resolution was, the services of the employees at Trysem and Mini ITI were to come to an end with immediate effect. Mr Patil submitted that these directions by way of the Government Resolution dated 1st August, 2018 are in breach of the order passed by this Court on 13th July, 2018. It seems that the copy of the petition was supplied to the office of the Government Pleader.

3.

Today, learned Asstt. Govt. Pleader, on instructions, submitted that the Government Resolution dated 1st August, 2018 itself is stayed. Learned Asstt. Govt. Pleader also placed on record subsequent Government decision dated 24th September, 2018, whereby earlier Government Resolution dated 1st August, 2018 itself is stayed. The opening part of the decision itself

(3) makes a reference to the order of this Court dated 13th July, 2018 and then it states that in view of the order of this Court, the Government decision dated 1st August, 2018 is stayed until further orders. The Government decision dated 24th September, 2018, thus, takes care of the apprehension of Mr Patil. It is not in dispute that the petition itself is pending before this Court for its consideration/disposal. In view of the Government decision dated 24th September, 2018, nothing survives in the contempt petition. Contempt Petition is accordingly disposed of .

(MANISH PITALE, J.) (PRASANNA B. VARALE, J.) amj