← Library
Bombay High CourtWP/5993/2024disposed off

Prashant Dashrath Pawaskar And ORS v. The Executive Director, Hro, Ongc Wou

2024-11-18Hon'Ble Shri Justice Ravindra V. Ghuge , Hon'Ble Shri Justice Ashwin D. Bhobe3 pages

TRUPTI SADANAND BAMNE TRUPTI SADANAND BAMNE Date: 2024.11.19 17:53:12 +0530 Trupti 1 10-wp-5993-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5993 OF 2024 Prashant Dashrath Pawaskar and Others ...

Petitioners versus The Executive Director, HRO, ONGC WOU, NDP and Another ...

Respondents ....

Mr.Lilesh P.Sawant for the Petitioners.

Mr.T.R.Yadav i/b. Mr.R.V.Paranjape for Respondent No.1. Ms.Sakshee P. Chavan for Respondent No.2- Union of India.. ....

CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE : 18TH NOVEMBER, 2024 P.C.:

1.

The learned Advocate representing Respondent No.2, has tendered an affidavit in reply dated 11th November, 2024 (from page nos 372 onwards), in which it is set out that the process for filling up the post of Presiding Officer to various Central Government Industrial Tribunals (CGITs), has commenced. It is also stated in the affidavit that the present In-charge Presiding Officer, Justice (Retired) Vikas Kunvar Srivastav, has completed his first In-charge posting of six months on 4th

Trupti 2 10-wp-5993-2024.odt October, 2024. His proposal for extension is pending and he continues to officiate as the learned Presiding Officer of CGIT-1. 2.

The only purpose for which the Petitioners have approached this Court is that their pending proceedings registered as a Reference No. CGIT-1/19 of 2008, before the CGIT -1, Mumbai, is awaiting final adjudication and directions be issued to the learned Presiding Officer of the CGIT-1, to deal with the matter expeditiously. 3.

We are informed that the earlier Presiding Officer had heard all the parties by way of final argument and closed the said proceedings for an Award, on 21st August, 2023. Thereafter, the learned Presiding Officer demitted office. The post of Presiding Officer is vacant. A Presiding Officer of CGIT, Delhi is given the charge of CGIT-1, Mumbai. We are further informed that the Presiding Officer, In-charge of CGIT-1, Mumbai, has not been able to hold a camp hearing at Mumbai in this year. The parties are unaware as to when the camp hearing would take place.

4.

In view of the above, we permit both the parties to jointly make an application to the Registrar of the CGIT-1, Mumbai setting forth

Trupti 3 10-wp-5993-2024.odt a request for listing the matter for hearing before CGIT-1, either at Mumbai in the camp hearing or at New Delhi, as may be the case, on 18th December, 2024.

5.

Liberty to both the parties to file their written notes of submissions. Thereafter, we expect the learned CGIT, In-charge of CGIT-1, Mumbai, to deliver the Award, on or before 31st January, 2025. 6.

In view of above, this Writ Petition is disposed off. (ASHWIN D. BHOBE,J.) ( RAVINDRA V. GHUGE, J.)