Bombay High Court
Shriram Bhavrao Khaire vs The State Of Maharashtra And Others on 20 August, 2021
Author: S.G. Mehare
Bench: Ravindra V. Ghuge, S.G. Mehare
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
911 WRIT PETITION NO.3036 OF 2020
AUCHITRAO BHIKA GORADE
VERSUS
THE STATE OF MAHRASHTRA AND OTHERS
...
Advocate for the Petitioner : Shri More Ashok A.
AGP for the Respondents/ State : Shri S.B. Yawalkar
...
AND
912 WRIT PETITION NO.3037 OF 2020
SHRIRAM BHAVRAO KHAIRE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for the Petitioner : Shri More Ashok A.
AGP for the Respondents/ State : Shri P.S.Patil
...
AND
913 WRIT PETITION NO.3038 OF 2020
GULABRAO BHIMRAO KALE
VERSUS
THE STATE OF MAHRASHTRA AND OTHERS
...
Advocate for the Petitioner : Shri More Ashok A.
AGP for the Respondents/ State : Shri S.G. Sangle
...
AND
914 WRIT PETITION NO.4366 OF 2020
KISAN NARAYAN DUTONDE
VERSUS
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*2* 911to924
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for the Petitioner : Shri More Ashok A.
AGP for the Respondents/ State : Shri S.G. Sangle
...
AND
915 WRIT PETITION NO.4372 OF 2020
SUBHASH MURLIDHAR NAGARE
VERSUS
THE STATE OF MAHARASHTRA THROUGH SECRETARY
AND OTHERS
...
Advocate for the Petitioner : Shri More Ashok A.
AGP for the Respondents/ State : Shri S.G. Sangle
...
AND
916 WRIT PETITION NO.4373 OF 2020
LAXMAN YEDUBA JADHAV
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for the Petitioner : Shri More Ashok A.
AGP for the Respondents/ State : Shri S.G. Sangle
...
AND
917 WRIT PETITION NO.4374 OF 2020
SAHEBRAO BHIMRAO DALVI
VERSUS
THE STATE OF MAHARASHTRA THROUGH SECRETARY
AND OTHERS
...
Advocate for the Petitioner : Shri More Ashok A.
AGP for the Respondents/ State : Shri S.G. Sangle
...
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*3* 911to924
AND
918 WRIT PETITION NO.4375 OF 2020
SHENPHAD BALA DEOKAR
VERSUS
THE STATE OF MAHARASHTR AND OTHERS
...
Advocate for the Petitioner : Shri More Ashok A.
AGP for the Respondents/ State : Shri S.G. Sangle
...
AND
919 WRIT PETITION NO.4387 OF 2020
KADUBA SHENFADU GUND
VERSUS
THE STATE OF MAHRASHTRA AND OTHERS
...
Advocate for the Petitioner : Shri More Ashok A.
AGP for the Respondents/ State : Shri S.G. Sangle
...
AND
920 WRIT PETITION NO.4457 OF 2020
DEOLAL DAGDU BRAMHANE
VERSUS
THE STATE OF MAHRASHTRA AND OTHERS
...
Advocate for the Petitioner : Shri More Ashok A.
AGP for the Respondents/ State : Shri S.G. Sangle
...
AND
921 WRIT PETITION NO.4458 OF 2020
NANDKISHOR BHAVANI MIRKAR
VERSUS
THE STATE OF MAHARASHTRA THROUGH SECRETARY
AND OTHERS
...
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*4* 911to924
Advocate for the Petitioner : Shri More Ashok A.
AGP for the Respondents/ State : Shri S.G. Sangle
...
AND
922 WRIT PETITION NO.4460 OF 2020
DIGAMBAR SHANKARRAO KULKARNI
VERSUS
THE STATE OF MAHRASHTRA AND OTHERS
...
Advocate for the Petitioner : Shri More Ashok A.
AGP for the Respondents/ State : Shri S.G. Sangle
...
AND
923 WRIT PETITION NO.4462 OF 2020
DEORAO BHAGAJI BALANDE
VERSUS
THE STATE OF MAHRASHTRA AND OTHERS
...
Advocate for the Petitioner : Shri More Ashok A.
AGP for the Respondents/ State : Shri S.G. Sangle
...
AND
924 WRIT PETITION NO.7145 OF 2020
RAMESH RATANLAL JAISWAL
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for the Petitioner : Shri More Ashok A.
AGP for the Respondents/ State : Shri S.G. Sangle
...
CORAM : RAVINDRA V. GHUGE
&
S.G. MEHARE, JJ.
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DATE :- 20th August, 2021
Per Court :-
1. We have heard Shri More, the learned advocate representing the petitioners and the learned AGPs on behalf of respondent Nos.1, 2 and 3 in the respective petitions.
2. The learned advocate for the petitioner submits that respondent No.4 is purely a formal party and the issue in these petitions is between the petitioners and the Revenue Authorities as regards execution of the Revenue Recovery Certificate (RRC) under the Maharashtra Land Revenue Code, 1966 (MLRC). He, therefore, prays for leave to delete respondent No.4. Leave granted. Deletion be carried out forthwith.
3. The issue before us is as regards execution of the Revenue Recovery Certificate issued by the competent authority in relation to the gratuity amounts, which is payable to the petitioners. Entire gratuity proceedings have culminated into final judgment. The employer of the petitioners has not challenged the judgment of gratuity, which has now attained finality.
4. We find from the record that the Controlling Authority as well as the Appellate Authority under the Payment ::: Uploaded on - 24/08/2021 ::: Downloaded on - 08/10/2021 10:06:49 ::: *6* 911to924 of Gratuity Act, 1972 have delivered the respective judgments quantifying the amount of gratuity payable to the petitioners. Since these judgments have attained finality, there is no reason for us to look there beyond.
5. There can be no dispute on the legal issue that once the Revenue Recovery Certificate is issued by the competent authority, the District Collector has to entrust the matter to a responsible revenue officer, who has to ensure the recovery of amounts by following the due procedure laid down under the MLRC by treating the amounts as arrears of land revenue. Needless to state, the employee's right to gratuity is well recognized and it is the obligation of the employer to make the payment of gratuity, failing which, interest can also be levied.
6. The learned AGPs appearing in the respective petitions submit that they would not canvass against the provisions of law and are aware that such amounts are treated as arrears of land revenue so as to be recovered under the MLRC. They pray for a reasonable time so as to enable respondent No.2 to initiate effective steps.
7. In view of the above, all these Writ Petitions are disposed off with a direction to respondent No.2 to initiate ::: Uploaded on - 24/08/2021 ::: Downloaded on - 08/10/2021 10:06:49 ::: *7* 911to924 appropriate steps to recover the amounts set out in the Revenue Recovery Certificates by following the procedure laid down under the MLRC. The said amounts shall be recovered on or before 31.12.2021 and would be disbursed to the petitioners promptly and preferably within 15 days from the date of recovery.
kps (S.G. MEHARE, J.) (RAVINDRA V. GHUGE, J.) ::: Uploaded on - 24/08/2021 ::: Downloaded on - 08/10/2021 10:06:49 :::