Gangadhar Hanmanlu Fulanwar v. The State Of Maharashtra And Others

1 958-wp 13135-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 13135 OF 2021 Gangadhar Hanmanlu Fulanwar .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Mr. Sushant C. Yeramwar, Advocate for the Petitioner. Mr. P. S. Patil, Addl. G. P. for Respondent Nos. 1 and 2. CORAM : S. V. GANGAPURWALA & R. N. LADDHA, JJ.

DATED : 30th November, 2021.

PER COURT:- .

According to the petitioner, the validation proceeding is pending since the year 2017. The same is not yet decided. The employer has issued notice directing the petitioner to produce the validity certificate or else coercive action would be taken.

2.

The learned Addl. G. P. accepts notice for respondent Nos. 1 and 2.

3.

The petitioner shall appear before the committee on 15.12.2021. The committee shall thereafter decide the validation proceeding expeditiously and preferably within a period of six (06) months from the date of appearance of the petitioner. The petitioner shall co-operate

2 958-wp 13135-2021.odt in expeditious disposal of the proceeding.

4.

The impugned notice issued by the employer is quashed and set aside.

5.

The employer may not take adverse action against the petitioner only on the ground that validation proceeding is pending. The employer may take further course of action depending upon the judgment that would be delivered by the committee in the validation proceeding.

6.

Writ petition is disposed of. No costs.

( R. N. LADDHA ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.