Bombay High CourtCAO/1761/2018admittedallwdgrantedrule absolute

Executive Engineer, Minor Irrigation Division (Vidc), Wardha v. Madhukar Chokhoba Ganvir

2018-12-06Hon'Ble Shri Justice Z.A. Haq2 pages

1 wpst27647.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION (ST.) NO. 27647/2017 The EE, Minor Irrigation Division, Wardha ..VS..

Madhukar Chokhoba Ganvir - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M.A. Kadu, Advocate for the petitioner CORAM : Z.A.HAQ, J.

DATED : 06/12/2018 CIVIL APPLICATION (CAO) NO. 1761/2018 AND M.C.A. (ST.) NO. 17452/2018 Accepting the explanation given in the applications, the delay of 133 days in filing the restoration application is condoned, the order passed by the Registrar (J.) on 26/02/2018 is recalled and the writ petition is restored. The civil application and the miscellaneous civil application are allowed accordingly.

WRIT PETITION (ST.) NO. 27647/2017 Taken up for hearing on admission.

By this petition, the employer takes exception to the order passed by the subordinate Courts concurrently upholding the claim of the employee that his services were illegally terminated by the employer. However, in lieu of reinstatement, the Labour Court, granted compensation to the

2 wpst27647.17 employee. The Industrial Court has maintained the order passed by the Labour Court.

Various submissions are made by the learned Advocate for the petitioner, one of it being that the employee was not entitled for the protection of Section 25F of the Industrial Disputes Act and the benefit of Kalelkar Award. In the facts of the present case and specially considering that the Labour Court has considered the entire material on record and has consciously moulded the relief and granted compensation to the employee in lieu of reinstatement, I am not inclined to interfere in the matter in the extra-ordinary jurisdiction.

The writ petition is dismissed. No costs.

JUDGE Ansari