Shital Ganesh Warkari v. Ganesh Kashinath Warkari
16.CP359.2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 359 OF 2024 Trible Rights Protection Committee.
... Petitioner V/s.
Mahendra M. Vaze & Anr.
... Respondents.
Mr. Siddheshwar Biradar, Advocate for Petitioner. Mr. Omprakash Jha a/w. Ms. Heenal Wadhure, Advocate for Respondents.
CORAM : NITIN JAMDAR & M. M. SATHAYE, JJ.
DATED : 12 JULY 2024 P.C.:
1.
The Petitioner-Committee had earlier filed Writ Petition No. 2412 of 2023 for direction to Respondent Life Insurance Corporation of India(for short "LIC") to forward the caste claim of certain employees working with the Respondent LIC to the Caste Scrutiny Committee for verification. The Division Bench had by order dated 4 July 2023 issued a simplicitor directions to the Respondent LIC to comply with the provisions of Section 6(3) of the Maharashtra Schedule Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Normadic Tribes, Other Talwalkar 1/2
16.CP359.2024.doc Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000(Mah. Act No. XXIII of 2001) and forward the proposal within a period of four months. According to the Petitioner, since the caste claim is not forwarded, the Respondent LIC has committed contempt of court. 2.
Admittedly, when the order was passed by the Division Bench on 4 July 2023, 38 employees, whose proposal was to be forwarded were not party respondents. Once notices were issued by the Respondent-LIC to these 38 employees, a Writ Petition is filed by them bearing Writ Petition No. 2294 of 2024 challenging the said action. 3.
Notices have been issued in this Petition and a direction is also given to the Respondent LIC to forward caste claim to concerned Scrutiny Committee. The present Contempt Petitioner has also filed intervention application in the said petition. 4.
Therefore, the question on merit would be considered in the substantive Writ Petition which is Writ Petition No. 2294 of 2024. In the light thereof, we do not deem it necessary to proceed further in contempt jurisdiction. All questions on merits are kept open. 5.
The Contempt Petition is disposed of accordingly. (M. M. SATHAYE, J.) (NITIN JAMDAR, J.) Digitally signed by ARUNA SANDEEP TALWALKAR Date:
2024.07.16 10:26:28 +0530 ARUNA SANDEEP TALWALKAR Talwalkar 2/2