1 wp5137-11gr.doc ttm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5137 OF 2011 The State of Maharashtra and Ors. .. Petitioners Vs. Karuna Somnath Walange .. Respondent WITH WRIT PETITION NO.5726 OF 2011 The State of Maharashtra and Ors. .. Petitioners Vs. Sadhana Raybhan Patil .. Respondent WITH WRIT PETITION NO.5727 OF 2011 The State of Maharashtra Through the Civil Surgeon, Nashik .. Petitioners Vs. Shri Yuvraj Arun Patil .. Respondent WITH WRIT PETITION NO.5728 OF 2011 2 wp5137-11gr.doc The State of Maharashtra Through the Civil Surgeon, Nashik & Ors. .. Petitioners Vs. Shri Hemant Dattatraya Marathe .. Respondent WITH WRIT PETITION NO.5729 OF 2011 The State of Maharashtra and Ors. .. Petitioners Vs. Shri Anant Sopan Gore .. Respondent WITH WRIT PETITION NO.5730 OF 2011 The State of Maharashtra and Ors. .. Petitioners Vs. Shri Sachin Dhondu Bhaviskar .. Respondent WITH WRIT PETITION NO.5731 OF 2011 The State of Maharashtra Through the Civil Surgeon, Nashik & Ors. .. Petitioners Vs. Shri Deepak Laxman Surushe .. Respondent WITH 3 wp5137-11gr.doc WRIT PETITION NO.5732 OF 2011 The State of Maharashtra Through the Civil Surgeon, Nashik & Ors. .. Petitioners Vs. Amruta Pandu Gaikwad .. Respondent WITH WRIT PETITION NO.5733 OF 2011 The State of Maharashtra Through the Civil Surgeon, Nashik & Ors. .. Petitioners Vs. Shri Pravin Nilkanth Rathod .. Respondent WITH WRIT PETITION NO.5734 OF 2011 The State of Maharashtra Through the Civil Surgeon, Nashik & Ors. .. Petitioners Vs. Ramdas Dhondiram Waje .. Respondent WITH WRIT PETITION NO.5737 OF 2011 The State of Maharashtra Through the Civil Surgeon, Nashik & Ors. .. Petitioners 4 wp5137-11gr.doc Vs. Shri Madan Suresh Shinde .. Respondent WITH WRIT PETITION NO.5742 OF 2011 The State of Maharashtra and Ors. .. Petitioners Vs. Jagruti Nimba Kadam .. Respondent WITH WRIT PETITION NO.5743 OF 2011 The State of Maharashtra and Ors. .. Petitioners Vs. Shri Kiran Shravan Patil .. Respondent WITH WRIT PETITION NO.5744 OF 2011 The State of Maharashtra Through the Civil Surgeon, Nashik & Ors. .. Petitioners Vs. Shri Amol Uttam Sule .. Respondent WITH WRIT PETITION NO.5745 OF 2011 5 wp5137-11gr.doc The State of Maharashtra Through the Civil Surgeon, Nashik & Ors. .. Petitioners Vs. Shri Samadhan Hari Gaidhani .. Respondent WITH WRIT PETITION NO.5746 OF 2011 The State of Maharashtra Through the Civil Surgeon, Nashik & Ors. .. Petitioners Vs. Shri Vasudev Ramnath Ghuge .. Respondent WITH WRIT PETITION NO.5748 OF 2011 The State of Maharashtra and Ors. .. Petitioners Vs. Shri Deepak Nanaji Gangurde .. Respondent WITH WRIT PETITION NO.5751 OF 2011 The State of Maharashtra and Ors. .. Petitioners Vs. Smt.Sarala Pandit Ahire .. Respondent 6 wp5137-11gr.doc WITH WRIT PETITION NO.5753 OF 2011 The State of Maharashtra and Ors. .. Petitioners Vs. Shri Ravindra Diliprao Salmuthe .. Respondent WITH WRIT PETITION NO.5754 OF 2011 The State of Maharashtra and Ors. .. Petitioners Vs. Prakash Navsu Bhoye .. Respondent WITH WRIT PETITION NO.5755 OF 2011 The State of Maharashtra and Ors. .. Petitioners Vs. Shri Sharad Trimbak Hire .. Respondent WITH WRIT PETITION NO.5756 OF 2011 The State of Maharashtra and Ors. .. Petitioners Vs. 7 wp5137-11gr.doc Manisha Dilip Jagtap .. Respondent WITH WRIT PETITION NO.5757 OF 2011 The State of Maharashtra and Ors. .. Petitioners Vs. Shri Sanjay Narayan Gangurde .. Respondent WITH WRIT PETITION NO.5758 OF 2011 The State of Maharashtra Through the Civil Surgeon, Nashik & Ors. .. Petitioners Vs. Shri Ganesh Kedu Bhawar .. Respondent WITH WRIT PETITION NO.5759 OF 2011 The State of Maharashtra and Ors. .. Petitioners Vs. Shri Dnyaneshwar Dagu Malode .. Respondent WITH WRIT PETITION NO.5761 OF 2011 8 wp5137-11gr.doc The State of Maharashtra Through the Civil Surgeon, Nashik & Ors. .. Petitioners Vs. Shri Ajit Bhimrao Jadhav .. Respondent WITH WRIT PETITION NO.5762 OF 2011 The State of Maharashtra Through the Civil Surgeon, Nashik & Ors. .. Petitioners Vs. Smt.Sarubai Mahadu Tadole .. Respondent WITH WRIT PETITION NO.5763 OF 2011 The State of Maharashtra and Ors. .. Petitioners Vs. Sachin Nivruti Shinde .. Respondent WITH WRIT PETITION NO.5764 OF 2011 The State of Maharashtra and Ors. .. Petitioners Vs. Shri Sachin Ramnath Birar .. Respondent WITH 9 wp5137-11gr.doc WRIT PETITION NO.5765 OF 2011 The State of Maharashtra and Ors. .. Petitioners Vs. Shri Rajendra Tukaram Chaute .. Respondent WITH WRIT PETITION NO.5767 OF 2011 The State of Maharashtra Through the Civil Surgeon, Nashik .. Petitioners Vs. Sundarabai Laxman Malave .. Respondent WITH WRIT PETITION NO.5768 OF 2011 The State of Maharashtra and Ors. .. Petitioners Vs. Smt.Sunita Dattu Rajole .. Respondent WITH WRIT PETITION NO.5769 OF 2011 The State of Maharashtra and Ors. .. Petitioners Vs. 10 wp5137-11gr.doc Abhijit Vinayak Kulkarni .. Respondent WITH WRIT PETITION NO.5770 OF 2011 The State of Maharashtra and Ors. .. Petitioners Vs. Zeenat Salim Mirza .. Respondent WITH WRIT PETITION NO.5771 OF 2011 The State of Maharashtra Through the Civil Surgeon, Nashik & Ors. .. Petitioners Vs. Shri Rajendra Kashinath Jadhav .. Respondent WITH WRIT PETITION NO.5772 OF 2011 The State of Maharashtra Through the Civil Surgeon, Nashik & Ors. .. Petitioners Vs. Shri Ravindra Bhaskar Kale .. Respondent WITH WRIT PETITION NO.5773 OF 2011 11 wp5137-11gr.doc The State of Maharashtra and Ors. .. Petitioners Vs. Vishal Ashok Wagh .. Respondent WITH WRIT PETITION NO.5774 OF 2011 The State of Maharashtra and Ors. .. Petitioners Vs. Shri Sharad Vedu Bhamare .. Respondent WITH WRIT PETITION NO.5777 OF 2011 The State of Maharashtra and Ors. .. Petitioners Vs. Balkrishna Khanderao Achari .. Respondent WITH WRIT PETITION NO.5778 OF 2011 The State of Maharashtra Through the Civil Surgeon .. Petitioners Vs. Sau.Mina Ashokrao Chaudhari .. Respondent WITH WRIT PETITION NO.5779 OF 2011 12 wp5137-11gr.doc The State of Maharashtra and Ors. .. Petitioners Vs. Dnyaneshwar Vasant Jadhav .. Respondent WITH WRIT PETITION NO.5780 OF 2011 The State of Maharashtra and Ors. .. Petitioners Vs. Sahebrao Kashinath Gophane .. Respondent WITH WRIT PETITION NO.5781 OF 2011 The State of Maharashtra and Ors. .. Petitioners Vs. Shri Bhagwat Neharu Giram .. Respondent WITH WRIT PETITION NO.5782 OF 2011 The State of Maharashtra and Ors. .. Petitioners Vs. Shri Ramesh Ambadas Jadhav .. Respondent WITH 13 wp5137-11gr.doc WRIT PETITION NO.5783 OF 2011 The State of Maharashtra and Ors. .. Petitioners Vs. Rajendra Gulabrao Shelke .. Respondent WITH WRIT PETITION NO.5785 OF 2011 The State of Maharashtra Through the Civil Surgeon, Nashik & Ors. .. Petitioners Vs. Shri Chetankumar Anandrao Wagh .. Respondent WITH WRIT PETITION NO.5792 OF 2011 The State of Maharashtra and Ors. .. Petitioners Vs. Smt.Khojabai Usman Subhedar .. Respondent WITH WRIT PETITION NO.5793 OF 2011 The State of Maharashtra and Ors. .. Petitioners Vs. 14 wp5137-11gr.doc Dnyaneshwar Laxman Birari .. Respondent WITH WRIT PETITION NO.5794 OF 2011 The State of Maharashtra and Ors. .. Petitioners Vs. Vaishali Trimbak Pawar .. Respondent WITH WRIT PETITION NO.5795 OF 2011 The State of Maharashtra and Ors. .. Petitioners Vs. Prakash Ramesh Gulave .. Respondent WITH WRIT PETITION NO.5796 OF 2011 The State of Maharashtra and Ors. .. Petitioners Vs. Satish Rajaram Borade .. Respondent WITH WRIT PETITION NO.5797 OF 2011 The State of Maharashtra and Ors. .. Petitioners 15 wp5137-11gr.doc Vs. Sanjay Ramesh Gulave .. Respondent WITH WRIT PETITION NO.5798 OF 2011 The State of Maharashtra and Ors. .. Petitioners Vs. Shri Mohan Bahiru Borade .. Respondent CORAM: K.K. TATED, J. DATE: 12th AUGUST, 2011 PC: 1. Heard the learned counsel for the parties. 2. Rule. 3. Rule made returnable forthwith. By consent, all these matters are taken on board for final hearing at the stage of admission. 4. All these petitions are disposed of by a common order as the issues involved are similar and the law point involved is identical in all these matters. 5. The petitioners original respondents challenge the judgment dated 24.11.2009 passed by learned Member of Industrial Court, Nashik dismissing the petitioners Revision Applications 16 wp5137-11gr.doc under section 44 of the MRTU and PULP Act, 1971 arising out of the order passed below Ex.U-2 dated 22.08.2009 by the learned Presiding Officer, Labour Court, Nashik in the complaints filed by the respondents directing the petitioners to reinstate the respondents in service on the post on which they were appointed and pay them wages accordingly. A few facts of the matter are as under: 6. The petitioners issued advertisement in newspaper inviting for the applications for the posts of Class IV i.e. Ward-Servants and Peons. Pursuant to the said advertisement, the respondents original claimants made their applications. After following due process of law, the petitioners issued appointment letters dt.11.01.2008 to the respondents. As per the said appointment letters, they joined services and worked for more than 8 to 9 months with the petitioners’ establishment. Thereafter, Director of Health, Mumbai wrote a letter dt.30.05.2009 to the Civil Surgeon, Nashik stating that as per the Enquiry Report, the appointments made in the month of October 2007 for Class IV are not according to the procedure and there were some complaints about malafides and therefore, the said process should be treated as cancelled. On the basis of the 17 wp5137-11gr.doc letter of the Director of Health, Mumbai, the Civil Surgeon, Nashik issued termination letters dt.6.6.2009 to the respondents original complainants. 7. Being aggrieved by the said termination letters dt.6.6.2009, the respondents filed complaints before the Labour Court under Schedule IV items 1 (a),(b),(d),(f) and (g) of the MRTU and PULP Act, 1971 challenging the termination letters dt.6.6.2009 and for direction to the petitioners to reinstate them in service along with continuity of service and all other facilities. In the said complaint, respondents preferred application for interim relief on 3.7.2007. In the said interim application, petitioners filed their affidavit in reply dt.13.12.2010 and opposed the same on several grounds i.e. some of the respondents filed bogus documents, some of the respondents committed fraud and they learnt about it when they received the Committee Report. 8. Considering the reply filed by the petitioners and the submissions made by the respondents, the Labour Court by order dt.22.08.2009 directed petitioners to reinstate the respondents in service on their original post. The said order was challenged by the petitioners in revision, but the same was 18 wp5137-11gr.doc dismissed. It is to be noted that though the Labour Court passed order on 22.8.2009 directing petitioners to reinstate respondents in service on their original post, till today it is not complied with by the petitioners and, therefore, respondents filed criminal complaints against the petitioners for infringing those orders and the same are pending. 9. At this stage, the learned counsel for the respondents states that the petitioners have not reinstated the respondents as per the order dated 22.08.2009 of the Labour Court and the criminal complaints filed by the respondents against the petitioners are still pending. Therefore, in order to settle the dispute early, after taking instructions from his clients present in the court, he suggests that the impugned orders passed by both the courts below in the matter of the respondents may be set aside and the Labour Court may be directed to dispose of the complaints of the respondents within a specified time limit. 10.After hearing the learned counsel for the parties after the above statement was made by the learned counsel for the respondents, I find that the course of action suggested by the learned counsel for the respondents, will serve best the interests of both the parties and, hence, the following order:- 19 wp5137-11gr.doc 11.The impugned orders passed by the Labour Court and the Industrial Court are herewith set aside and the matters are remanded to the Labour Court, Nashik with a direction to dispose of the complaints of the respondents, after giving the opportunity of hearing to both the parties, as early as possible, within six months from the receipt of copy of this order. 12.It is made clear that if the petitioners were to pass fresh orders, such orders may be passed after giving an opportunity of hearing to the concerned employees in accordance with law. 13.Parties to act on an authenticated copy of this order. 14.No order as to costs. (K.K.TATED,J.)