Bombay High CourtCAW/734/2015dispossed offdismiss for default

Maharashtra Jeevan Pradhikaran, Through Its Chief Engineer, And Anothers v. Smt. Nalini Dadakant Gaikwad, And Anothers

2016-01-15Hon'Ble Shri Justice Z.A. Haq2 pages

1 wp3935.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.3935/2014 Maharashtra Jeevan Pradhikaran, through its Chief Engineer and another ..Versus..

Smt. Nalini Dadakant Gaikwad and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 15.1.2016 Heard Shri D.M. Kakani, advocate for the petitioners, Shri M.P. Jaiswal, advocate for respondent no.1 and Shri B.M. Lonare, A.G.P. for respondent no.2.

RULE.

Considering the findings recorded by the Labour Court in paragraph no.22 of the order and the findings recorded by the Industrial Court concurring with the findings recorded by the Labour Court, prima facie, I am of the view that the directions given by the subordinate Courts to reinstate the respondent no.1 - employee are not required to be stayed. However, the directions given by the subordinate Courts for payment of 50% back wages are stayed on condition that the petitioners shall reinstate the respondent no.1 - employee forthwith. If the respondent no.1 - employee is not reinstated as per this order the interim order granted regarding payment of back wages shall stand vacated and the respondent

2 wp3935.14 no.1 - employee will be at liberty to proceed with the execution or file appropriate proceedings in the matter.

Shri M.P. Jaiswal, advocate waives notice for respondent no.1. Shri B.M. Lonare, A.G.P. waives notice for respondent no.2. C.A.W. NO.734/2015.

The true translation of documents mentioned in the application is dispensed with on condition that the petitioners shall file the same as and when required by the Court.

JUDGE Tambaskar.