WP 247/08 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 907 WRIT PETITION NO. 247 OF 2008 WITH WRIT PETITION NO. 6402 OF 2007 WITH CIVIL APPLICATION NO. 2762 OF 2008 IN WP/6402/2007 SANJAY MOTILAL RAUT VERSUS THE DISTRICT WOMAN AND CHILD WELFARE OFFICER AURANGABAD AND ANR ... Advocate for the Petitioner : Mr. K.M. Nagarkar AGP for Respondents 1 & 2 : Mr. B.V. Virdhe ... CORAM : ARUN R. PEDNEKER, J. Dated : April 02, 2026 PER COURT :- 1. Heard. 2. By the present writ petitions, the State as well as the original complainant/employee have challenged the judgment and order dated 12.6.2007 passed by the Industrial Court, Aurangabad in Revision (Complaint) ULP No. 27/2007 and judgment and order dated 17.4.2007 passed by the Labour Court, Aurangabad in Complaint ULP No. 23/2003. 3. The employee has challenged the above orders to the extent only for refusal/denial of grant of full backwages from the date of termination i.e. since 28.2.2003 till reinstatement with interest till its actual realization within a stipulated period. However, the State has 2026:BHC-AUG:14395 WP 247/08 2 challenged the impugned judgments and orders in entirety. By the impugned judgment, direction is given to reinstate the complainant/employee on his previous post with continuity in service and 50% of back wages from the date of termination. 4. It is the contention of the State that employee was appointed on 11.4.1996 and the employee had worked only for one year and before completion one year he had applied for permanency and he was continued in service up to 2003 by virtue of interim orders of the Court in the said proceeding. In the proceedings initiated by the employee he failed and thus, his services were terminated w.e.f. 28.2.2003. The termination has been again challenged before the Labour Court in the year 2003 and the impugned order of Labour Court came to be passed. The same was also confirmed by the Industrial Court. 5. Having heard the arguments of the parties and perusing the record, it appears that the employee was terminated in 2003 and during the period 2003 to 2007, he was out of service and thereafter superannuated on 31.12.2023. 6. Considering that after impugned orders passed by the Labour Court and Industrial Court, the employee continued to be in service till his superannuation. In view of the above, the issue raised by the State that that appointment of the employee was not by following due procedure and employee has no right to continue would not survive. WP 247/08 3 6. As far as payment of backwages for the period from 2003 to 2007 when the employee was out of service is concerned, by the impugned orders of the Labour Court as well as Industrial Court granted 50% of backwages for the above period which is reasonable, considering the fact situation of this case. 7. In view of the above, the writ petitions are disposed of accordingly. State to pay 50% backwages as directed by the Labour Court and Industrial Court within a period of twelve weeks along with interest at the rate of 7% p.a. from the date of judgment of the Labour Court dated 17.4.2007. Pending civil application, if any, stand disposed of accordingly. ( ARUN R. PEDNEKER, J. ) ssc/