Case Note & Summary
The petitioner, Ashok Bhikanrao Deshmukh, was appointed as a Mustering Assistant on daily wages under the Employment Guarantee Scheme (EGS) from 01.11.1985. He was orally terminated on 11.02.1987. He raised an industrial dispute in 1994, which was referred to the Labour Court at Jalgaon as Reference (IDA) No.01/1994. The Labour Court, by award dated 29.03.1996, quashed the termination and granted reinstatement with continuity from 11.02.1987. The State challenged this award via Writ Petition No.589 of 1997, which was allowed by a learned Single Judge on 16.07.2009, setting aside the award. The petitioner then filed the present writ petition in 2011 seeking to quash an intimation (Exh. G) that denied him the benefit of Government Resolution dated 01.12.1995 for absorption in service, and sought a direction for absorption with consequential benefits. The court noted that the petitioner is now around 60 years old and that the petition suffers from gross delay and laches. The petitioner was reinstated in 1996 but did not pursue his claim for regularisation until 2011, without any explanation for the delay. The court held that the claim for regularisation under the GR is stale and cannot be entertained. Consequently, the writ petition was dismissed.
Headnote
A) Service Law - Regularisation - Delay and Laches - Government Resolution dated 01.12.1995 - Petitioner sought absorption under GR after reinstatement in EGS service - Court held that the petition suffers from gross delay and laches as the petitioner was reinstated in 1996 but filed the petition in 2011 without explanation - Held that the claim for regularisation is stale and cannot be entertained (Paras 1-6).
Issue of Consideration
Whether the petitioner is entitled to absorption in service under Government Resolution dated 01.12.1995 after reinstatement in EGS service, and whether the impugned intimation denying such benefit is illegal.
Final Decision
The writ petition is dismissed. No order as to costs.
Law Points
- Delay and laches
- Regularisation of daily wage employees
- Government Resolution dated 01.12.1995
- Absorption in service
- Writ of Mandamus
- Writ of Certiorari
Case Details
2023 LawText (BOM) (10) 261
Writ Petition No.2149 of 2011
Ravindra V. Ghuge, Y. G. Khobragade
Mr. B. R. Warma for Petitioner, Mr. P. S. Patil, AGP for Respondent – State
The State of Maharashtra through Secretary, Public Works Dept. Mantralaya, Mumbai; The Executive Engineer, Public Works Division, Division Officer Dist. Nandurbar; The Deputy Engineer, Public Works Dept. Taloda, Tq. Taloda, Dist. Nandurbar; The Divisional Commissioner, Nashik Region, Nashik; District Collector, Dhule; District Collector, Nandurbar
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Nature of Litigation
Writ Petition challenging an intimation denying benefit of Government Resolution dated 01.12.1995 for absorption in service.
Remedy Sought
Petitioner sought quashing of impugned intimation and direction to respondents to extend benefit of Government Resolution dated 01.12.1995 by absorbing him in service with consequential benefits.
Filing Reason
Petitioner was denied absorption under Government Resolution dated 01.12.1995 despite reinstatement in EGS service.
Previous Decisions
Labour Court award dated 29.03.1996 granted reinstatement with continuity; State's challenge in Writ Petition No.589 of 1997 was allowed on 16.07.2009 setting aside the award.
Issues
Whether the petitioner is entitled to absorption under Government Resolution dated 01.12.1995.
Whether the writ petition is barred by delay and laches.
Submissions/Arguments
Petitioner argued that he was entitled to absorption under Government Resolution dated 01.12.1995.
Respondents argued that the petition suffers from gross delay and laches.
Ratio Decidendi
The claim for regularisation under Government Resolution dated 01.12.1995 is stale and cannot be entertained due to gross delay and laches, as the petitioner was reinstated in 1996 but filed the petition in 2011 without explanation.
Judgment Excerpts
By an order dated 26.09.2011, this Petition was admitted. No interim relief was granted.
The Petitioner is around 60 years of age today.
The admitted events are as under:- (a) The Petitioner was appointed on the Employment Guarantee Scheme (EGS). (b) He claimed that he was taken on the EGS on daily wages w.e.f. 01.11.1985 as a Mustering Assistant. (c) He was orally terminated from his daily wages service on EGS w.e.f. 11.02.1987. (d) He raised an Industrial Dispute in 1994 and the reference to the Labour Court at Jalgaon was recorded as Reference (IDA) No.01/1994. (e) By an award dated 29.03.1996, the Labour Court partly answered the Reference in the affirmative and by quashing the termination order dated 11.02.1987, granted reinstatement in service with continuity w.e.f. 11.02.1987. (f) The State of Maharashtra, through the Deputy Engineer (Employment Guarantee Scheme) preferred Writ Petition No.589 of 1997, challenging the award of the Labour Court. (g) By judgment dated 16.07.2009, the learned Single Judge Bench of this Court allowed the Writ Petition.
Procedural History
Petitioner was appointed on EGS on daily wages from 01.11.1985, terminated on 11.02.1987. He raised industrial dispute in 1994, reference No.01/1994. Labour Court awarded reinstatement on 29.03.1996. State challenged in WP No.589/1997, which was allowed on 16.07.2009. Petitioner filed present WP in 2011 seeking absorption under GR dated 01.12.1995. Petition admitted on 26.09.2011, no interim relief. Dismissed on 28.11.2023.
