Methilal Ghusaji Nandgaye v. The State Of Maharashtra, Through The Secretary, Revenue Department, Mumbai And 2 Others

0104cp46.14 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

Contempt Petition No. 46 of 2014 (In W.P. No. 4000/02 [D]) Methilal s/o Ghusaji Nandgaye v.

The State of Maharashtra & ors.

------------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Coram Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------ Mr. Borkar Advocate for the Petitioner.

Mr. Nitin Rode, AGP, for respondent no. 1, 2 & 3. ...

Coram : B.P. Dharmadhikari & S.B. Shukre, JJ.

Date : 1st April, 2015.

Heard.

The petitioner has been given order of appointment dated 27.2.2015, copy of which produced by learned counsel for petitioner is taken on record and marked "Exh. X". Grievance of learned counsel is that the order of this Court dated 22.8.2013 in W.P. No. 4000/02 has not been given full effect. Learned AGP submits that there was a direction to appoint and accordingly petitioner has been appointed, and hence there is no contempt.

The petitioner has been appointed and, therefore, there

0104cp46.14 is compliance with the order of this Court. However, this Court on 22.8.2013 found the petitioner entitled to 25% of wages for the period from 1.11.1996 till August 2013. Thus, having appointed the petitioner, wages for the aforesaid period needed consideration. The appointment order dated 27.2.2015 does not show the same. However, whether the order is correct or not cannot be gone into in contempt jurisdiction.

We, therefore, grant petitioner liberty to make appropriate representation to the respondents pointing out the orders of this Court and pray for necessary corrections. If such representation is made, same shall be looked into within eight weeks after its receipt. Keeping all the contentions having bearing on grant of continuity open, we dispose of the contempt petition. No costs.

Judge Judge /TA/