The Maha. State Forest Devp. Corporation Indutrial Karmachari Mahasangh, Thr. H. A. Mishrikotkar v. State Of Maha. Through Its Principal Secretary (Forest) Revenue And Forest Deptt. Mubmbai And ANR

1 2504caw556.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR C.A.W.NO.556 OF 2016 IN WRIT PETTION NO.1211 OF 2001 (D) and C.A.W.NO.557 OF 2016 IN WRIT PETITION NO.1196 OF 2001(D). Maharashtra State Forest Development Corporation Industrial Nagpur.

..vs..

The State of Mah thr. its Secretary, Revenue and Forest Department, Mantralaya - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.A.Parchure, Advocate for the petitioner.

Mrs.M.N.Hiwase, AGP for applicant/respondent. CORAM : B.P.DHARMADHIKARI AND P.N.DESHMUKH, JJ.

DATED : APRIL 25, 2016.

Matter was heard on 21st of April, 2016 and adjourned to today.

Learned Assistant Government Pleader has produced for our perusal communication dated 1st of March, 2016 sent by Managing Director of Forest Development Corporation of Maharashtra Ltd. (F.D.C.M.) informing the Government Pleader to abide by the directions issued by the State Government in its letter dated 29th of February, 2016. Accordingly, further time of three months is being sought to comply with the judgment dated 3rd of September, 2015 in Writ Petition Nos.1196 of 2001 and 1211 of 2001. Advocate Parchure submits that clearance of Finance Department is irrelevant because payment is

2 2504caw556.16.odt being made by F.D.C.M. through its own resources and no burden is being cast upon State Government and public revenue. He invites attention to observations on these lines contained in the judgment.

The judgment of this Court is very clear. It is entirely on shoulders of F.D.C.M. to clear the burden cast by its decision to pay arrears and to extend benefit of wage revision to its employees. We already clarified that public property or public revenue cannot be encumbered in any way for that purpose.

If for any reason State Government needs proposal of F.D.C.M. to be looked into by Finance Department, we cannot have any objection at least at this stage. It is open for petitioner to point out to this Court that the directions of this Court has been violated, at appropriate juncture.

Hence, with said liberty to petitioners we extend the time as prayed for. Applications are accordingly disposed of.

JUDGE JUDGE Chute.