Kanta Tukaramji Darne (Smt. Kanta Wd/O Devidas Nasirkar) v. Shri Anil Jagtap, Chief Officer, Municipal Council, Hinganghat

1 can108.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CAN NO.108/2025 in Contempt Petition No.258/2018 in Writ Petition NO.712/2008 [Kanta Tukaramji Darme Vs. Anil Jagtap ] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. N.S.Rao, Advocate for applicant.

CORAM : PRAVIN S. PATIL, J.

DATED : 16.12.2025 .

1.

It is pointed out that this Court by order dated 28.3.2023 considering the dispute about entitlement of the back wages of petitioner in Writ Petition No.712/2008, the Assistant Labour Commissioner, Wardha was appointed to determine the exact amount payable by the respondent to the petitioner in writ petition. However, this Court noticed that the said order was not complied with nor any report was submitted to this Court. On 9.9.2025, this Court issued notice to the Assistant Labour Commissioner, Wardha to show cause as to why action should not be initiated against him for non-compliance of the order dated 28.3.2023. However to the specific show cause notice again there was no response from the Assistant Commissioner, Wardha, hence, this Court by order dated 13.10.2025 was constrained to issue bailable warrant against him.

2.

In response to the bailable warrant issued by this Court the Assistant Commissioner appeared in the matter and filed his affidavit dated 7.11.2025. He has stated in his affidavit that his office received intimation of the order dated 13.10.2025 on 6.11.2025. After necessary inquiry from the Government

2 can108.2025.odt Labour Officer, Wardha had transpired that the order dated 28.3.2025 was served upon the Government Labour Office, Wardha on 12.4.2023 and for that purpose he has relied upon the inward register showing entry no.157. He further stated that the order dated 9.9.2025 was served upon the Government Labour Officer, Wardha on 29.9.2025 having inward entry no.1326. As such, according to him, the said Officer has never brought to the notice of the Assistant Commissioner of Labour of the order passed by this Court. He further admitted fact that though he is having control over the Government Labour Office, Nagpur and taking full responsibility of the said miscommunication has tendered unconditional apology before this Court. Hence, he requested to recall order dated 13.10.2025.

3.

It is further seen that the Assistant Commissioner of Labour has filed further affidavit dated 20.11.2025. In response to the order of this Court dated 10.11.2025.

4.

Perusal of the order dated 10.11.2025, it is clear that this contempt petition is already disposed of. So also the affidavit of the Assistant Commissioner dated 20.11.2025 states that after conducting the hearing he has decided the quantum of arrears of wages to which Kanta Darme is entitled. 5.

Hence, in view of above, Civil Application No.108/2025 is disposed of.

(PRAVIN S. PATIL, J.) Mukund Ambulkar