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Bombay High Court

CONSERVATOR OF FORESTS and ANR.versusKISAN AMDA GAWIT

Decided
Disposal
Disposed Off

Holding

The benefit of permanency is admissible only from 31 December 2012, and the petition is disposed.

Summary

The Conservator of Forests filed a writ petition challenging an Industrial Court order that regularised Kisan Amda Gavit in Group‑D service from 1 December 2001. The High Court admitted the petition and stayed the order. Later, a communication revealed that a Government Resolution dated 16 October 2012 had already made the respondent permanent effective 31 December 2012, and he had since retired with full benefits. Consequently, the Court held that there was nothing further to adjudicate and modified the Industrial Court order to limit the benefit of permanency to the period from 31 December 2012. The petition was allowed to that extent and disposed of without costs.

Issues considered

  • What is the effect of a subsequent Government Resolution making a respondent permanent on an earlier Industrial Court order for regularisation?
  • Can the High Court modify the benefit of permanency granted by the Industrial Court in view of the respondent's retirement?

Subjects

  • regularisation
  • industrial court
  • government resolution
  • permanency
  • retirement
  • writ petition
  • stay
  • modification

Judgment

2026:BHC-AS:31760

              Megha                                                 20_wp_5008_2002


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE JURISDICTION
                                   WRIT PETITION NO.5008 OF 2002

              Conservator of Forests and Anr.                     ...Petitioners

                                  V/s.

              Kisan Amda Gavit                                    ...Respondent
                                             ________________
              Mrs. Vaishali S. Nimbalkar, AGP for the Petitioners-State.
                                             ________________


                                                       CORAM: SANDEEP V. MARNE, J.

                                                        DATED: 31 JULY 2026.


              P.C.:


              1)        Petition challenges judgment and order dated 11 December 2001
              passed by the learned Member, Industrial Court, Nashik in Complaint
              (ULP) No.194 of 2000. The impugned order envisages direction for
              regularisation of the Respondent in service in Group – ‘D’ category w.e.f.
              1 December 2001.


              2)        The Petition is admitted by order dated 6 September 2002 and
              implementation of the impugned order of the Industrial Court was
              stayed.


              3)        Ms. Nimbalkar, the learned AGP for the Petitioner-State places on
              record communication dated 31 July 2026 from the ofDce of Deputy

                                                Page No.1 of 2
                                                 31 July 2026
                          Megha                                                  20_wp_5008_2002


                          Conservator, Forest, East Division, Nashik communicating to her that as
                          per the Government Resolution dated 16 October 2012 the Respondent is
                          already made permanent w.e.f. 31 December 2012. This appears to be the
                          reason why the Respondent has stopped appearing in the Petition. Since
                          the Respondent is already made permanent w.e.f. 31 December 2012,
                          nothing remains to be adjudicated in the Petition. It appears that the
                          Respondent has already retired from service and has received all the
                          retirement beneDts.


                          4)          The impugned order of the Industrial Court is accordingly
                          modiDed by directing that the beneDt of permanency would be
                          admissible only from 31 December 2012.


                          5)          Writ Petition is accordingly allowed to the above extent and
                          disposed of. Rule is made absolute. There shall be no order as to costs.




                                                                             [SANDEEP V. MARNE, J.]




Signed by: Megha S. Parab
                                                            Page No.2 of 2
Designation: PA To Honourable Judge                          31 July 2026
Date: 03/08/2026 16:07:28


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