Bombay High Court
CONSERVATOR OF FORESTS and ANR.versusKISAN AMDA GAWIT
- Decided
- Disposal
- Disposed Off
- Bench
- SANDEEP V MARNE
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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