Bombay High CourtCAO/709/2016admittedallwdgrantedrule absolute

The Chief Engineer, Irrigatioin Department, Nagpur And Others v. Waman Atmaram Lede And Another

2016-04-16Hon'Ble Shri Justice B.R. Gavai,Hon'Ble Mrs. Justice Swapna Joshi2 pages

16.04.cao.709.16

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (o) NO.709/2016 IN MISCELLANEOUS CIVIL APPLICATION (ST) NO. 6242/2016 IN LETTERS PATENT APPEAL NO. 45/2005 IN WRIT PETITION NO. 4268/1999 (The Chief Engineer, Irrigation Department and others vs. Waman Atmaram Lede and another ) ................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................ Mr. P.B. Patil, Advocate for applicants Mr. M.V.Mohokar, Adv.for respondent no.1 CORAM : B.R.GAVAI & Mrs.SWAPNA JOSHI, JJ.

DATED : 16th April, 2016 C.A.(o) NO. 709/2016 For the reasons stated in the Application, the delay is condoned. Civil Application is allowed. MCA (St) No. 6242/2016:

Taken on Board.

For the reasons stated in the Application, the MCA is allowed.

L.P.A. is restored to file.

LP.A.NO. 45/2005:

The Appeal is taken up for admission. The

16.04.cao.709.16 Appeal challenges the order passed by the learned single Judge of this Court wherein the Writ Petition filed by the present appellant being Writ Petition No. 4268/1999 thereby challenging the order passed by the learned Industrial Court, came to be dismissed.

The basic challenge raised in the Appeal is that the learned single Judge has erred in holding the Department of Irrigation of the State Government, as an 'industry'.

The issue is no more res integra. It has been held by the Apex Court that the Irrigation Department comes within the definition of 'industry". As such, no interference in the Appeal is required. The L.P.A. is dismissed.

Needless to say that upon dismissal of the L.P.A. interim order, if any, shall stand vacated. JUDGE JUDGE sahare