The Commissioner, The Kolhapur Municipal Corporation And ANR. v. Shri. Abaso Yashwant Rokade And ANR.
Megha 501_wp_2037_2018.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2037 OF 2018 Abaso Yashwant Rokade and Anr.
...Petitioners
V/s.
Kolhapur Municipal Corporation, Kolhapur and Anr.
...Respondents
WITH WRIT PETITION NO.3188 OF 2018 The Commissioner, Kolhapur Municipal Corporation, Kolhapur and Anr.
...Petitioners
V/s.
Abaso Yashwant Rokade and Anr.
...Respondents
Ms. Bhargavi Patil with Ms. Pavitra Manesh i/b. Mr. M.S. Topkar for the Petitioners in WP/2037/2018 and for Respondent in WP/3188/2018.
Mr. Sagar A. Mane for Respondent in WP/2037/2018 and for Petitioners in WP/3188/2018 _________________________________________________________________ CORAM : SANDEEP V. MARNE, J.
Dated : 25 October 2024.
P.C. :
1.
Not on board. Upon being mentioned, taken on board. 2.
These are cross-Petitions filed by the Petitioners Digitally signed by MEGHA SHREEDHAR PARAB Date:
2024.10.28 16:20:20 +0530 challenging the judgment and order dated 25 November 2016 passed MEGHA SHREEDHAR PARAB by the learned Member, Industrial Court, Kolhapur, by which the Page No.
1 of 25 October 2024
Megha 501_wp_2037_2018.docx Municipal Corporation is directed to grant permanency to the Complainant w.e.f. 3 February 2014. It appears that the Government of Maharashtra, Urban Development Department has issued Government Resolution (the GR) dated 11 October 2024 granting approval for creation of supernumerary posts for regularisation of all the employees working on daily wages basis. It appears that accordingly 507 supernumerary posts are directed to be created for regularisation of the listed 507 workers. Mr. Abaso Yashwant Rokade, Petitioner in Writ Petition No. 2037 of 2018 is included in the list of 507 workers. He is prepared to accept regularisation on terms and conditions indicated in the GR dated 11 October 2024. Since Mr.
Abaso Yashwant Rokade is now being considered for regularisation in terms of the GR dated 11 October 2024, he is no longer interested in prosecuting Writ Petition No.2037 of 2018. Copy of letter dated 20 October 2024 by Abaso Yashwant Rokade recording willingness to accept regularisation in terms of GR dated 11 October 2024 is placed on record by his Advocate.
3.
Since Mr. Abaso Yashwant Rokade is prepared to accept regularisation as per the terms and conditions of the GR dated 11 October 2024, order of the Industrial Court directing regularisation from 3 February 2014 would no longer survive. Accordingly, both the Petitions are disposed of.
4.
It is clarified that the order passed by the Industrial Court shall stand modified to the extent that Mr. Abaso Yashwant Rokade shall be regularised in service in accordance with the GR dated 11 October 2024.
[SANDEEP V. MARNE, J.] Page No.
2 of 25 October 2024