Abdul Wahid S/O Abdul Rashid v. Superintending Engineer, Public Works (Circle) Dept., Amravati And Others

2025:BHC-NAG:10539 1 26-WP-732-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.732 OF 2024 Mr. Abdul Wahid S/o. Abdul Rashid Vs.

Superintending Engineer Public Works (Circle) Department, Camp, Amravati and Others Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. A.U. Deshmukh, Advocate for the Petitioner. Mr. A.G. Mate, AGP for the Respondent/State.

CORAM: SIDDHESHWAR S. THOMBRE, J .

DATED : 08 th OCTOBER, 1.

Heard Mr. A.U. Deshmukh, learned counsel for the petitioner and Mr. A.G. Mate, learned AGP for the respondent/State.

2.

The petitioner challenges the order passed by the Industrial Court, Amravati, whereby the complaint filed by the petitioner came to be allowed partly, while allowing the complaint, the learned Industrial Court Amravati, has set-aside the recovery initiated against the petitioner vide letter dated 14.01.2009. Petitioner in complaint prayed that as per prayer clause (D), he sought direction against respondent to bring the petitioner on CRT establishment as Caretaker-cumKhamsama with retrospective effect as per the provisions of the Kalelkar Award.

2 26-WP-732-2024.odt 3.

Though the learned Industrial Court, Amravati allowed the complaint of the petitioner partly, the issue of retrospective effect claimed by the petitioner was not considered.

4.

I have gone through the order passed by the learned Member Industrial Court, Amravati wherein, there was no finding recorded to that effect, the petitioner is entitled or not entitled to bring the petitioner on CRT establishment as Caretaker-cumKhamsama with retrospective effect as per the provisions of the Kalelkar Award.

5.

Therefore, only on that issue, the matter needs to be remanded back to the Learned Industrial Court, Amravati. In view thereof, the petition is partly allowed. 6.

The matter is remanded back to the Learned Industrial Court, Amravati to decide only the issue about entitlement of the petitioner as per prayer clause (D) of the complaint. Learned Industrial Court, Amravati to decide the said issue on its own merits within a period of six months from the receipt of this order.

(S IDDHESHWAR S. THOMBRE J.

) Privel