Writ Petition No. 9332 of 2023 · The High Court
Case Details
1 17wp9332.23 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 17 WRIT PETITION NO.9332 OF 2023 Mahatma Gandhi Shikshan Mandal Chopda, Dist.Jalgaon. The President, Mahatma Gandhi Shishan Mandal Chopda, Dist.Jalgaon. Smt. Sharadchandraika Suresh patil Institute of Technology (Polytechnic) The Principal, Smt. Sharadchandraika Suresh patil Institute of Technology (Polytechnic), Yawal Road, Chopda, Dist. Jalgaon. ...Petitioners (Orig. Resptd. Nos. 1 to 4) VERSUS The State Of Maharashtra Through Secretary, Technical Education, Mantralaya, Mumbai. The Director, Directorate of Technical Education, Maharashtra State, Mumbai-3, Mahanagar Palik Mark, Post Box No. 1967, Mumbai. The Joint Director, Directorate of Technical Education Regional Office, Nashik, Government Technical Premises, Samangaon Road, Nashik Road, Nashik. The Director, Maharashtra State Board of Technical Education 4th Floor, Government Polytechnic Building, 49, Kherwadi Bandra (East), Mumbai. 1. 2. 3. 4. 1, 2. 3. 4. 5. Hiralal Girdhar Mali 2 17wp9332.23 Age; 59 years, Occ; Nil, R/o; Patilwada, Malharpura, Chopda, Tq. Chopda, District; Jalgaon. ...Respondents.
Legal Reasoning
... Advocate for Petitioners : Mr.Warma Bharatkumar Ramdeo AGP for Respondent Nos 1 to 4/State : Mr.K.N.Lokhande Advocate for Respondent No. 5 : Mr. M.V.Ghatge ... WITH WRIT PETITION NO.9333 OF 2023 Mahatma Gandhi Shikshan Mandal Chopda, Dist.Jalgaon. The President, Mahatma Gandhi Shishan Mandal Chopda, Dist.Jalgaon. Smt. Sharadchandraika Suresh patil Institute of Technology (Polytechnic) The Principal, Smt. Sharadchandraika Suresh patil Institute of Technology (Polytechnic), Yawal Road, Chopda, Dist. Jalgaon. ...Petitioners (Orig. Resptd. Nos. 1 to 4) VERSUS The State Of Maharashtra Through Secretary, Technical Education, Mantralaya, Mumbai. The Director, Directorate of Technical Education, Maharashtra State, Mumbai-3, Mahanagar Palik Mark, Post Box. No. 1967, Mumbai. The Joint Director, Directorate of Technical Education Regional Office, Nashik, Government Technical Premises, 1. 2. 3. 4. 1, 2. 3. 3 17wp9332.23 Samangaon Road, Nashik Road, Nashik. The Director, Maharashtra State Board of Technical Education 4th Floor, Government Polytechnic Building, 49, Kherwadi Bandra (East), Mumbai. Yogesh Laxman Mahajan Age; 43 years, Occ; Nil, R/o; Chaudhari Wada, Amalner Tq. Amalner, District; Jalgaon. ...Respondents. ... Advocate for Petitioners : Mr.Warma Bharatkumar Ramdeo AGP for Respondent Nos 1 to 4/State : Mr.K.N.Lokhande Advocate for Respondent No. 5 : Mr. M.V.Ghatge ... WITH WRIT PETITION NO.9334 OF 2023 Mahatma Gandhi Shikshan Mandal Chopda, Dist.Jalgaon. The President, Mahatma Gandhi Shishan Mandal Chopda, Dist.Jalgaon. Smt. Sharadchandraika Suresh patil Institute of Technology (Polytechnic) The Principal, Smt. Sharadchandraika Suresh patil Institute of Technology (Polytechnic), Yawal Road, Chopda, Dist. Jalgaon. ...Petitioners (Orig. Resptd. Nos. 1 to 4) VERSUS The State Of Maharashtra Through Secretary, Technical Education, Mantralaya, Mumbai. 4. 5. 1. 2. 3. 4. 1, 2. The Director, 4 17wp9332.23 Directorate of Technical Education, Maharashtra State, Mumbai-3, Mahanagar Palik Mark, Post Box. No. 1967, Mumbai. The Joint Director, Directorate of Technical Education Regional Office, Nashik, Government Technical Premises, Samangaon Road, Nashik Road, Nashik. The Director, Maharashtra State Board of Technical Education 4th Floor, Government Polytechnic Building, 49, Kherwadi Bandra (East), Mumbai. Rahul Kishor Bagujar, Age; 38 years, Occ; Nil, R/o; Sundargadhi, Tq. Chopda, District; Jalgaon. ...Respondents. ... Advocate for Petitioners : Mr.Warma Bharatkumar Ramdeo AGP for Respondent Nos 1 to 4/State : Mr.K.N.Lokhande Advocate for Respondent No. 5 : Mr. M.V.Ghatge ... WITH WRIT PETITION NO.9335 OF 2023 Mahatma Gandhi Shikshan Mandal Chopda, Dist.Jalgaon. The President, Mahatma Gandhi Shishan Mandal Chopda, Dist.Jalgaon. Smt. Sharadchandraika Suresh patil Institute of Technology (Polytechnic) The Principal, Smt. Sharadchandraika Suresh patil Institute of Technology (Polytechnic), Yawal Road, Chopda, Dist. Jalgaon. ...Petitioners (Orig. Resptd. Nos. 1 to 4) 3. 4. 5. 1. 2. 3. 4. 5 17wp9332.23 VERSUS The State Of Maharashtra Through Secretary, Technical Education, Mantralaya, Mumbai. The Director, Directorate of Technical Education, Maharashtra State, Mumbai-3, Mahanagar Palik Mark, Post Box. No. 1967, Mumbai. The Joint Director, Directorate of Technical Education Regional Office, Nashik, Government Technical Premises, Samangaon Road, Nashik Road, Nashik. The Director, Maharashtra State Board of Technical Education 4th Floor, Government Polytechnic Building, 49, Kherwadi Bandra (East), Mumbai. Laxmikant Gorakh Patil, Age; 36 years, Occ; Nil, R/o; Plot No. 28B, Borole Nagar, Chopda, Tq. Chopda, District; Jalgaon. ...Respondents. ... Advocate for Petitioners : Mr.Warma Bharatkumar Ramdeo AGP for Respondent Nos 1 to 4/State : Mr.K.N.Lokhande Advocate for Respondent No. 5 : Mr. M.V.Ghatge ... WITH WRIT PETITION NO.9336 OF 2023 Mahatma Gandhi Shikshan Mandal Chopda, Dist.Jalgaon. The President, Mahatma Gandhi Shishan 1, 2. 3. 4. 5. 1. 2. 3. 4. 1, 2. 3. 4. 5. 6 17wp9332.23 Mandal Chopda, Dist.Jalgaon. Smt. Sharadchandraika Suresh patil Institute of Technology (Polytechnic) The Principal, Smt. Sharadchandraika Suresh patil Institute of Technology (Polytechnic), Yawal Road, Chopda, Dist. Jalgaon. ...Petitioners (Orig. Resptd. Nos. 1 to 4) VERSUS The State Of Maharashtra Through Secretary, Technical Education, Mantralaya, Mumbai. The Director, Directorate of Technical Education, Maharashtra State, Mumbai-3, Mahanagar Palik Mark, Post Box. No. 1967, Mumbai. The Joint Director, Directorate of Technical Education Regional Office, Nashik, Government Technical Premises, Samangaon Road, Nashik Road, Nashik. The Director, Maharashtra State Board of Technical Education 4th Floor, Government Polytechnic Building, 49, Kherwadi Bandra (East), Mumbai. Sachin s/o Shantaram Patil, Age; 44 years, Occ; Nil, R/o; Patil Darwaja, Tq. Chopda, District; Jalgaon. ...Respondents. ... Advocate for Petitioners : Mr.Warma Bharatkumar Ramdeo AGP for Respondent Nos 1 to 4/State : Mr.K.N.Lokhande Advocate for Respondent No. 5 : Mr. M.V.Ghatge ... 7 17wp9332.23 CORAM : KISHORE C. SANT, J. DATE : 02.08.2023. PER COURT : 1. The petitioners in all the petitions are the same. The respondents No. 5 in all the petitions are the employees of the petitioners. The orders under challenge are the orders passed by the learned Member of the School Tribunal, Nashik in respective appeals filed by respondent No. 5 in respective petitions. 2. After the appeals were allowed the petitions came to be filed. During the pendency of the petitions the parties have settled their dispute amicably out of the Court. Respondent No. 5 in all the petitions have agreed to receive a lumpsum amount by giving up their claims of the employment to the petitioners. The settlement is reduced into the writing and duly verified before the Section Officer of this Court. The petitioners have already paid 50% of the amount as agreed between the parties as lumpsum compensation including all claims of monetary reliefs in future. The remaining amount is to be paid on 10.12.2023 and the post dated cheques have been handed over. The undertaking is also given as per Clause (I) of the statement 8 17wp9332.23 of terms that the post dated cheques would be honoured after its presentation and if for some technical difficulty arises or the cheques are not encashed, the employer shall be liable to pay Rs. 500/- (Five Hundred) per day till encasement. 3. This Court finds that sufficient care is taken by the learned Tribunal. The compromise is entered into between the parties amicably. Today all the parties are present before the Court. They are identified by their respective learned Advocates. The terms of the compromise are taken on record and the same are marked as ‘X’ for the purpose of identification. In view of the
Decision
compromise, the petitions stand disposed off. No order as to the ( KISHORE C. SANT ) JUDGE costs. mahajansb/