1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRI. WRIT PETN. NO.: 426 OF 1996 The Registrar, Marathwada Krishi, Vidyapeeth Parbhani and another Versus Pochiram S/o Pundalik Sonkamble and others *** Mr. M. N. Nawandar, Advocate i/b Mr. K. G. Nawandar , Advocate for the Applicant. Mr. M. R. P. G. Rodge, Advocate for Applicant No.2. Mrs. B. R. Khekale, A.P.P. for the Respondent/ State. *** CORAM: K. U. CHANDIWAL, J. DATED: 22nd SEPTEMBER, 2009. 1. Heard counsel for university and counsel for the employees. The employees contend that they are Peons in the Agricultural University while the University canvassed that as per the Worksheet they were the casual labourers and could not be adorned status of the Peon in the university. The order of maintaining status-quo dated 16th November, 1995, recorded by the learned Member, Industrial Court was allegedly not adhered to and consequently the petition under section 48 of U.L.P. Act came to be filed wherein the learned Judge, by order dated 11th July, 1996 directed issuance of process under section 48 (1) of U.L.P. Act against the Respondents. 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 2. Mr. Navander informs that the Registrar Shri Sangve was indeed not in service, as he retired on 31st May, 1996. The order dated 16th November, 1995 was received by University on 12th December, 1995. The record indicate that the Registrar Sangve took availment on 9th and 12th December, 1995 and went on earned leave on 11th December, 1995 to 15th February, 1996 when the order was received by the office, he was virtually on leave. 3. The worksheet at page 34 to 36 illustrate what was the nature of activities to be undertaken by the employees which unmistakenly display, they could not be branded to be Peons in the university. That apart, they were also issued notice dated 6th January, 1996 (Exhibit-E, page 38 of the present petition) showing apathetic approach and dereliction in discharge of duties. 4. Though the counsel informs that the order of non-consideration of the document has caused injustice, however, it is open for the university or its officer to agitate and address all these contentions before the learned Judge seized with the matter to get discharge from issuance of process in terms of section 48 (1) of the U.L.P. Act dated 11th July, 1996. 5. Now Mr. Nawandar on instructions informs 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. that U.L.P. No.272 of 1995 filed before the Industrial Court at Solapur is dismissed in default on 29th September, 2003 and it is not restored. Consequently, he informs, nothing will survive for the University to challenge. He further submits that the present proceeding pending before the Labour Court in Complaint (ULP) No.4 of 1996 shall be infructuous. This is recorded. Consequently, with liberty to approach the learned Judge, if required, writ petition disposed of. Rule discharged. [K. U. CHANDIWAL, J.] Dated:22/09/2009. ans/426