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Bombay High CourtWP/7981/2017dismissedrule discharged

Executive Engineer, Minor Irrigation Division (Vidc), Wardha v. Chandrashekhar Gulabrao Dehane

2019-01-15Hon'Ble Shri Justice Z.A. Haq2 pages

1 wp7981.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 7981/2017 EE, Wardha ..VS..

Chandrashekhar Gulabrao Dehane - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. J.J. Alkari, Advocate for the petitioner CORAM : Z.A.HAQ, J.

DATED : 15/01/2019 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 Rs. 94,000/- as compensation to the 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 extra-ordinary jurisdiction.

2 wp7981.17 The writ petition is dismissed. No costs.

JUDGE Ansari