State Of Maharashtra, Through The Secretary And 3 Others v. Chandraprakash Jagobaji Shende

wp6145.10.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 6145 OF 2010 State of Maharashtra and ors ...Versus... Chandraprakash J. Shende - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Mr. A. Ashirgade, AGP for Petitioner CORAM : AVINASH G. GHAROTE, J.

DATE : 05/10/2021 Learned AGP for the petitioner submits that the order of the Industrial Court impugned herein has since been complied with and the services of the respondent has been regularized w.e.f 22.7.2010 i.e. the date of the order of the learned Industrial Court, Chandrapur, which position has also been recorded by this Court in its order dated 16.9.2015. He further submits that any claim made by the respondent regarding regularization from an earlier date i.e. w.e.f 1.5.1992 and consequential benefits, though raised on 16.9.2015 before this Court while deciding C.A No. 1295/15, the same was declined to be gone into by this Court at that stage. He submits that even otherwise there being no date in the order of learned Industrial Court from which the regularization was to take effect, the effective date will have to be treated as the date of the order of the Industrial Court.

wp6145.10.odt He submits that in view of the above, the present petition would not survive and is rendered infructuous. The statement is accepted. The petition is dismissed as infructuous. JUDGE rvjalit