1 wp9330-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 9330 OF 2010 1] Smt.Rekha w/o Rajesh Bhamre Age 32 years, Occ-Nil, R/o Sangavi, Tq.Yawal Dist.Jalgaon. .. PETITIONER Vs 1] The State of Maharashtra [Through Secretary Co-operative Societies Maharashtra State, Mantralaya, Mumbai-32]. [Copy to be served on Govt. Pleader High Court of Judicature of Bombay Bench at Aurangabad] 2] The Chairman, The Yawal Agricultural Produce Market Committee, Yawal, Dist.Jalgaon. .. RESPONDENTS ... Mrs.V.S.Narale, Adv.for petitioner. Shri S.K.Kadam,AGP for Respondent no.1. Shri M.S.Deshmukh,Adv. for Respondent no.2. ... CORAM : NARESH H. PATIL & T.V.NALAWADE,J. DATE : 21/09/2011 ORAL JUDGMENT : 2 wp9330-10 1] Heard. Rule. Rule is made returnable forthwith. By consent of parties, petition is heard finally. 2] The petitioner’s husband was appointed as Peon by an appointment order dated 27/10/1997 by respondent no.2 Agricultural Produce Market Committee [in short the Market Committee] w.e.f. 1/11/1997. The petitioner’s husband was terminated on 16/10/1999. The petitioner’s husband Rajesh Chhagan Bhamre approached the Labour Court against the order of termination by filing Complaint ULP No.165/99 which came to be allowed by the Labour Court by judgment and order dated 5/3/2001. The said judgment and order was challenged by respondent Market Committee in Industrial Court vide Revision Application [ULP] No.88/2001. By judgment and order dated 23/11/2009, the Member, Industrial Court, Jalgaon dismissed the Revision. The operative part of order runs as under : “1] Revision Application [ULP] No.88/2001 is hereby dismissed. 2] The petitioners-respondents are hereby directed to give all the monetary and consequential benefits i.e. from the date of judgment and order of Labour Court Jalgaon in Complt.ULP No.165/1999 dt. 5/3/2001 till the date of death of the deceased Rajesh Bhamre i.e. upto 15/10/2001 to the present respondents within two months from the date of this order. 3] Record and Proceedings of 3 wp9330-10 the original Complt.ULP No.165/1999 be returned back to the ld. Labour Court, Jalgaon forthwith. 4] No order as to costs.” 3] The petitioner’s husband died on 15/10/2001 and the petitioner applied for appointment on compassionate ground by application dated 27/10/10. The respondent Market Committee intimated the petitioner that her application came to be rejected. 4] In between the petitioner had filed Writ petition No.4677/06. By order dated 2/4/2008, Division Bench of this Court disposed of the Writ Petition by directing the respondents therein to consider the claim of the petitioner for appointment on compassionate basis subject to final outcome of the proceedings pending before the Industrial Court. The counsel for the respondent Market Committee submits that the judgment and order passed by Industrial Court has not been challenged by the Market Committee. 5] Consequent to notice issued by this Court, respondent Market Committee filed affidavit in reply. The extract of the resolution passed on 16/1/2010 and 11/6/10 are placed before us. We have perused the same. 6] Considering the facts of the case, reply filed by respondent and 4 wp9330-10 the documents placed on record, we find that the petitioner’s application for appointment on compassionate ground is required to be considered afresh on its own merits and considering the policy of the State Government. 7] We therefore, quash and set aside the communication dated 10/7/2010 made by respondent Market Committee annexed at Exh-F to the petition. 8] Respondent Market Committee shall consider afresh the petitioner’s application for appointment on compassionate ground in the light of the Scheme framed by the State and the facts of the case, after hearing the petitioner. The respondent Market Committee shall communicate its decision by incorporating brief reasons within 2 months from today. Rule is made absolute in above terms. [T.V.NALAWADE,J.] [NARESH H. PATIL,J.] umg/wp9330-10