Bombay High CourtCP/45/2014dispossed offdismiss for default

Smt. Kantabai Santosh Kuttarmare And 17 Others v. Smt. Manisha Milind Maiskar, Secretary, Medical Education Research And Drugs Deparment And 3 Others

2016-06-15Hon'Ble Shri Justice Z.A. Haq2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CONTEMPT PETITION NO.45 OF 2014 IN WRIT PETITION NO.4843 OF 2008 (Smt. Kantabai Santosh Kuttarmare and others ..vs.. Smt. Manisha Milind Maiskar and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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.

DATED : 15-06-2016 Heard Shri S.M. Samarth, Advocate for the petitioners-employees and Shri A.D. Sonak, Assistant Government Pleader for the respondents-employer. In response to the notice issued by this Court an affidavit is filed on behalf of the respondents. Paragraph No.3 of the affidavit reads as follows :

"3.

I respectfully submit that, the Government has decided the said proposal of the petitioners and vide Government Resolution dated 22-04-2015 absorbed and regularized the services of the petitioners in Class-IV cadre, except those who completed their age of 60 years which is a superannuation age of Class-IV cadre. It is submitted that, the services of the petitioner No.1 Smt. Kantabai S. Kuttarmare, petitioner No.5 Smt. Lalita R. Gondane, petitioner No.8 Smt. Leela N. Mamidwar, petitioner No.12 Shankar S. Khot and petitioner No.15 Uddal S. Goutel have not regularized, as they all have completed their age of 60 years, which is a superannuation age of Class-IV cadre."

2 cp45.14 The respondents have also tendered the unconditional apology.

Accepting the unconditional apology and the submissions made in paragraph No.3 of the affidavit, the contempt petition is disposed as no further action is required to be taken.

The learned Advocate for the petitioners has submitted that the employer has to take action as per the directions given by the Industrial Court in respect of the employees who have attained the age of superannuation. The respondents are directed to take decision as per the order passed by the Industrial Court in respect of the employees who have attained the age of superannuation.

Notice of contempt is discharged.

JUDGE adgokar