Case Note & Summary
The State of Maharashtra, through the Executive Engineer, Public Works Department, Nagpur, filed a writ petition challenging an order dated 27.11.1997 passed by the Maharashtra Administrative Tribunal (MAT), Nagpur. The MAT had partly allowed the application of five respondents (Rajendra Krushnarao Bamraotwar and others) directing their absorption on converted regular temporary establishment as semiskilled workers in the pay scale of Rs.260-495 with effect from 1.4.1987 for applicants 1 to 4 and 1.4.1988 for applicant no.5. The MAT further directed that they would not be entitled to arrears of pay or consequential benefits but would be entitled to proper fixation of pay. The State's main challenge was that the application before MAT was barred by limitation. The respondents' claim was based on the Kalelkar Settlement, and they had been absorbed and taken on C.R.T.E. with effect from 1.4.1986 vide order dated 7.10.1989. The High Court observed that the cause of action was continuing and therefore the limitation plea was not acceptable. The court noted that no interim relief was granted when the petition was admitted on 25.8.1998, and the State was under obligation to comply with the MAT order. The court found no interference warranted, especially on the ground of limitation. The petition was dismissed.
Headnote
A) Service Law - Absorption - Limitation - Continuing Cause of Action - The petitioner challenged the order of Maharashtra Administrative Tribunal granting absorption to respondents as semiskilled workers with effect from 1.4.1987/1.4.1988. The court held that the cause of action was continuing and therefore the claim was not barred by limitation. The court declined to interfere with the MAT order. (Paras 2-3)
Issue of Consideration
Whether the claim for absorption and consequential benefits was barred by limitation.
Final Decision
The High Court dismissed the writ petition, upholding the MAT order dated 27.11.1997.
Law Points
- Continuing cause of action
- Limitation
- Absorption of temporary employees
- Kalelkar Settlement
