Research › Search › Judgment

Bombay High Court · body

2025 DAILYLAW 13075 (BOM)

RANJEET VITHALRAO SALVE and ORS. v. THE STATE OF MAH and ANR.

WP/4436/2005 · 2025-04-21

Shri Kishore C Sant

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

( 1 ) wp4436.05 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4436 PF 2005 WITH CIVIL APPLICATION NO. 9136 OF 2024 1. Ranjeet Vithalrao Savle .. Petitioners Age. 30 years, Occ. Service, R/o. Mukaramabad, Tq. Mukhed, District – Nanded. 2. Dnyaneshwar Janardhan Gadewar Age. 29 years, Occ. Service, R/o. Naigaon, Tq. Naigaon, Dist. Nanded. 3. Madhukar Madhavrao Bongade, Age. 32 years, Occ. Service. R/o. Atkali, Tq. Biloli, District Nanded. 4. Devidas Gangadhar Yalmod Age. 31 years, Occ. Service, R/o. Nanded. 5. Mahajan Vithal Dhekle age 27 years, occ. service, r/o Shankar Nagar, Tq. Biloli, District Nanded. 6. Gangadhar Vitthalrao Honshetee age 32 years, occ. service r/o Shankar Nagar, Tq. Biloli, District Nanded. 7. Sanjay Laxman Sangnale age 30 years, occ. service r/o Betmogra, Tq. Mukhed, District Nanded. 2025:BHC-AUG:11425 ( 2 ) wp4436.05 8. Linguram Rajanna Ramlingu, age 29 years, occ. service, r/o Sagroli, Tq. Biloli, District Nanded. 9. Rajeshwar Madhavrao Badnale age 27 years, occ. service r/o Sawargaon (P) Tq. Mukhed District Nanded. 10. Ayubkhan Hussainkhan Pathan age 29 years, occ. service r/o Nanded. 11. Shankar Sopan Sambalwar age 31 years, occ.service, r/o Nanded. 12. Suryakant Balaji Wadgave age 30 years, occ.service r/o Mukhed, Dist. Nanded. 13. Santosh Bhimrao Gaikwad age 28 years, occ. service r/o Mukhed, District Nanded. 14. Gangadhar Shankarrao Bhilwande age 28 years, occ.service r/o Takli, Tq. Biloli, Dist.Nanded 15. Bhimrao Maroti Sambalwad age 32 years, occ.service, r/o Takli, Tq. Biloli, Dist. Nanded 16. Satish Sureshrao Solanke age 31 years, occ.service r/o Nanded. 17. Shivram Balaji Patils age 30 years, occ.service r/o Krishnur, Tq. Biloli, District Nanded. ( 3 ) wp4436.05 18. Shivanand Shankarrrao Chande age 32 years, occ. service r/o Kahala, Tq.Biloli, District Nanded. 19. Hanumant Vishwambhar Fazge age 35 years, occ. service r/o Malapuri, Tq. Loha District Nanded. (Some of the Complainants in Complaint (ULP) No.27 of 2001). 20. Devidas Dhawji Chavan age 37 years, occ.service r/o Shankarnagar, Tq. Biloli, District Nanded. 21. Prakash Trimbak Patil age 31 years, occ.service r/o Takli, Tq. Biloli, District Nanded. 22. Dilip Udhavrao Jilhawar age 31 years, occ. service r/o Ratoli, Tq. Naigaon, District Nanded. 23. Bhaskar Dhondiba Pawar age 37 years, occ.service r/o Loha, Dist. Nanded. 24. Ramrao Bhagwanrao Kadam age 30 years, occ.service r/o Kurla, Dist. Nanded. 25. Madhav Yadeorao Chiwde age 25 years, occ.service r/o Kurla, Dist. Nanded. 26. Rajkumar Baburao Palekar age 27 years, occ.service r/o Mugaon, Dist. Nanded. 27. Ajay Sureshrao Solanke ( 4 ) wp4436.05 age 37 years, occ.service r/o Malegaon, Dist. Nanded. 28. Pandit Vithalrao Chavan age 31 years, occ.service R/o Koli, District Nanded. 29. Rama Datttarao Solanke age 30 years, occ.service r/o Hadgaon, Dist. Nanded. 30. Pandurang Bhaurao Bagal age 31 years, occ.service r/o Manatha, Dist. Nanded. 31. Dattatray Balwant Mhaske age 33 years, occ.service r/o Palsa, Dist. Nanded. 32. Sanjay Nagorao Kadam age 37 years, occ.service r/o Tamsa, Dist. Nanded. 33. Sanjay Dattarao Falke age 29 years, occ.service r/o Tamsa, Dist. Nanded. 34. Harihar Shivajirao Mundhe age 32 years, occ. service r/o Limgaon, Nanded. 35. Balaji Vithalrao Holkar age 33 years, occ.service r/o Limgaon, Nanded. 36. Shahuraj Madhavrao Dhage age 31 years, occ.service r/o Kivla, Dist. Nanded. 37. Keshav Balaji Dhale age 35 years, occ.service ( 5 ) wp4436.05 r/o Kapsi Bk. Dist. Nanded. 38. Balaji Gangadhar Pawar age 30 years, occ. service r/o Nivgha, Dist. Nanded. 39. Kawalgaonkar Maroti Sayanna age 31 years, occ.service r/o Karadkhed, Dist. Nanded. 40. Balaji Baliram Shinde age 30 years, occ.service r/o Wajegaon, Dist. Nanded. 41. Shahaji Dadarao Sawle age 29 years, occ. service r/o Martala, Dist. Nanded. 42. Ramesh Deuji Patil age 27 years, occ.service r/o Martala, Dist. Nanded. 43. Sambhaji Mashnaji Patil age 28 years, occ.service r/o Eklara, Dist. Nanded. 44. Milind Khandupant Rekhawar, age 31 years, occ.service r/o Sawargaon, Dist. Nanded. 45. Sanjay Govindrao More age 30 years, occ. service r/o Kinwat, Dist. Nanded. 46. Bharswade Subhash Ramchandrrao age 29 years, occ.service, r/o Rahati, District Nanded (Some of the Complainants in Complaint (ULP) No.31 of 2001). ( 6 ) wp4436.05 47. Sk.Maqsud Mohd. Gous age 28 years, occ.service r/o Nanded. 48. Nagorao Santoba Kayatwad age 27 years, occ.service r/o Nanded 49. Ku.Madhvi Kishanrao Alewar age 25 years, occ. Service, r/o. Shivni, Tq.Kinwat, District Nanded. 50. Balasaheb Sudhakarrao Kalyankar age 27 years, occ.service r/o Shemboli, Tq. Mudkhed, Dist. Nanded. 51. Bhagwan Keshav Kadam age 25 years, occ.service r/o Nivgha, Tq. Hadgaon, District Nanded. 52. Anand Shankarrao Kadam age 27 years, occ. service r/o Jawalgaon, Tq. Himayat Nagar, Dist. Nanded. 53. Deelip Suryabhan Kawle age 29 years, occ.service r/o Hadgaon, Dist. Nanded 54. Laxman Baburao Narwade age 32 years, occ.service r/o Walki, Tq. Hadgaon Dist. Nanded. 55. Yudhishtir Keshavrao Deosarker age 30 years, occ.service r/o Kinwat, Tq. Kinwant, District Nanded. 56. Santosh Shivaji Jagtap age 34 years, occ.service r/o Nivgha, Tq. Hadgaon, District Nanded. ( 7 ) wp4436.05 57. Raosaheb Bapurao Kendre age 37 years, occ.service r/o Kamtha Bk. Dist. Nanded. 58. Syed. Taufik Ahmad Syed Jalal age 32 years, occ. service r/o Itwara, Nanded. 59. Gajanan Kachru Kawde age 30 years, occ.service r/o Malegaon, Dist. Nanded. 60. Iftekhar Ahmad Abdul Wahab age 31 years, occ.service r/o Sarafa, Nanded. 61. Ganesh Kishanrao Mudholkar age 30 years, occ.service r/o Shivajinagar, Nanded. 62. Kavita Punjajirao Karkhade age 29 years, occ.service r/o Shivajinagar, Nanded. 63. Vitthal Madhav Arole age 32 years, occ.service r/o Malakoli, Tq. Kandhar Nanded. 64. Umesh Chandrakant Birajdar age 30 years, occ.service r/o Ganesh Nagar, Nanded. 65. Durgasing Raghunath Thakur age 31 years, occ.service r/o Jaldhara, Tq. Kinwat, Nanded. 66. Ranjana Maroti Bhugtare age 29 years, occ.service, r/o Islapur, Tq. Kinwant District Nanded ( 8 ) wp4436.05 67. Kapil Dattatray Karewad age 31 years, occ.service, r/o Islapur, Tq. Kinwat District Nanded 68. Balasaheb Devidas Thenge age 30 years, occ.service, r/o Islapur, Tq. Kinwat, District Nanded 69. Vinod Nagorao Mundhe age 29 years, occ.service, r/o Bodhadi, Tq. Kinwat District Nanded 70. Ganprasad Tukaram Patil age 30 years, occ.service, r/o Islapur, Tq. Kinwat District Nanded 71. Gajanan Bhimrao Phad age 33 years, occ.service, r/o Bodhadi, Tq. Kinwat, Nanded 72. Raju Laxman Shelke, age 31 years, occ.service, r/o Vajirabad, Nanded 73. Sk. Maqdum Sk. Mastan age 28 years, occ.service, r/o Rahati, Dist. Nanded 74. Mohd. Jawid Mohd. Sadik age 29 years, occ.service, r/o Usmannagar, Tq. Loha, District Nanded 75. Nabi Mahbub Pathan age 33 years, occ.service, r/o Kiwla, Tq. Kandhar District Nanded 76. Vijay Marotrao Shirmewar age 28 years, occ.service, r/o Degloor Road, Nanded 77. Datta Munjaji Nikhate ( 9 ) wp4436.05 age 29 years, occ.service, r/o Nanded 78. Madhav Manika Kahalekar age 33 years, occ.service, r/o Itwara, Nanded 79. Mahmoodkhan Ahmadkhan Pathan age 31 years, occ.service, r/o Itwara, Nanded 80. Deepak Panditrao Birajdar age 30 years, occ.service, r/oArdhapur, Dist. Nanded 81. Veerbhadra Raghunathrao Menkudle age 32 years, occ.service, Flo Kamtha (Bk.), Dist Nanded. 82. Ku.Manisha Namdeo Datir, age 29 years, occ.service, r/o Sri Nagar Nanded 83. Amit Ashokrao Biradar age 32 years, occ.service, r/o Ganesh Nagar, Nanded 84. Anil Ghansham Kadam age 30 years, occ.service, r/o Nanded 85. Ku.Suchita Shankar Rudrakanthwar age 29 years, occ.service, r/o Shivaji Nagar, Nanded 86. Kaustubh Bhaskarrao Joshi age 30 years, occ.service, r/o Barad, Tq. Mudkhed, District Nanded 87. Pawle Sanjeev Chatrapati age 31 years, occ.service, ( 10 ) wp4436.05 r/o Kandhar, Dist. Nanded 88. Sudhakar Ramchandra Kalkekar age 30 years, occ.service, r/o Kavtha, Tq. Kandhar, District Nanded 89. More Shrikrishna Harinam age 30 years, occ.service, r/o Nanded 90. Deshmukh Mohan Rajaram age 31 years, occ.service, r/o Wajegaon, Dist. Nanded 91. Prakash Nagorao Parde age 31 years, occ.service, r/o Pardi (M),Tq. Mukhed District Nanded 92. Amol Laxmikant Choudhari age 29 years, occ.service, r/o Nanded 93. Madhav Dattarao Shelgaonkar age 37 years, occ.service, r/o Nanded. 94. Bharat Shivajirao Chavan age 35 years, occ.service, r/o. Limbgaon, Dist. Nanded. 95. Pandit Govindrao Wadwale age 27 years, occ.service, r/o Kapsi (Bk), Tq. Kandhar District Nanded 96. Sunil Manikrao Pawar age 29 years, occ.service, r/o Malegaon, Tq. Kandhar, District Nanded 97. Sanjay Tukaram Shinde age 33 years, occ.service, r/o Cidco, Nanded ( 11 ) wp4436.05 98. Vinayak Bhanudas Shirsath age 34 years, occ.service, r/o Gandhi Nagar, Loha, Dist. Nanded 99. Rajendra Panditrap Sunegaonkar age 33 years, occ.service, r/o Naleshwar, Dist. Nanded 100. Balaji Bapurao Avale age 32 years, occ.service, r/o Kandhar, Dist. Nanded 101. Madhav Kondbarao Chikhale age 34 years, occ.service, r/o Nanded 102. Laxmikant Marotirao Kale age 33 years, occ.service, r/o Ganeshnagar, Nanded 103. Digambar Shriram Sawant, age 30 years, occ.service, r/o Nanded. 104. Anil Venkatrao Sawant age 34 years, occ.service, r/o Nanded 105. Malkarjun Ganeshrao Kamehekar age 35 years, occ.service, r/o Barad, Tq. Mudkhed, District Nanded 106. Vasant Anandrao Kalyane age 34 years, occ.service, r/o Malkawath, Tq. Kandhar District Nanded 107. Vinod Sheshrao Kadam age 30 years, occ.service, r/o. Vazirabad, Nanded ( 12 ) wp4436.05 108. Rahul Sakharam Shinde age 30 years, occ.service, r/o Tarasingh Market, Nanded 109. Maroti Digambar Pawar age 31 years, occ.service, r/o Nivgha, Tq. Mudkhed, District Nanded 110. Adinath Bhagwanrao Lohkare, age 29 years, occ.service, r/o Shiradhon, Tq. Kandhar, District Nanded 111. Ram Ganeshrao Badwane age 30 years, occ.service, r/o Nila, Dist. Nanded 112. Keshav Devidasrao Shinde age 32 years, occ.service, r/o Kamtha, Dist. Nanded 113. Sunita Laxmanrao Pande age 29 years, occ.service, r/o Malkawtha, Tq. Kandhar, District Nanded 114. Yeshwant Sheshrao Belker age 29 years, occ.service, r/o Laxminagar, Tq. Mudkhed, District Nanded 115. Vitthal Sudamrao Jadhav age 33 years, occ.service, r/o Rahati (Bk.) Dist. Nanded 116. Hiraman Laxman Shinde age 32 years, occ.service, r/o Malegaon, Dist. Nanded 117. Sunil Prabhakar Nagrale age 33 years, occ.service, r/o Mudkhed, Dist. Nanded 118. Ananda Balaji Kadam ( 13 ) wp4436.05 age 3 years, occ.service, r/o Umra, Dist. Nanded 119. Narhari Manikrao Kadam age 30 years, occ.service, r/o Nila, Dist. Nanded 120. Shinde Vinayak Vithalrao age 31 years, occ.service, r/o Nila, Dist. Nanded. 121. Sanjayreddy Muttyareddy N.Gaud age 30 years, occ.service, r/o Jaldhara, Tq. Kinwat, District Nanded. (Some of the complainants in Complaint (ULP) No.43/2001). 122. Deokate Shankar Jeevanrao age 27 years, occ.service, r/o Barhali, Dist. Nanded 123. Aglawe Bhagwat Venkatrao age 29 years, occ.service, r/o Eklara, Dist. Nanded 124. Deelip Kashinath Kadam age 27 years, occ.service, r/o Nanded 125. Balawant Mahajan Dasarwad age 30 years, occ.service, r/o Krushnur, Dist. Nanded 126. Nagesh Tukaram Kadam age 91 years, occ.service, r/o Cidco, Nanded 127. Wadekar Shivaji Hanmantrao age 30 years, occ.service r/o Eklara, Nanded. ( 14 ) wp4436.05 128. Patil Santosh Vitthalrao age 33 years, occ.service r/o Sugaon Kamp, Nanded. 129. Ingle Deelip Gangadharrao age 29 years, occ.service r/o Mukhed, Dist. Nanded. 130. Dattaji Giridharrao Patil age 33 years, occ.service r/o Dapka, Dist. Nanded. 131. Tanaji Vyankatrao Hingole age 34 years, occ.service r/o Yewta, Dist. Nanded. 132. Rajkumar Datta Bhosikar age 37 years, occ.service r/o Kalambar, Dist.Nanded. 133. Mahande Prakash Marotirao age 31 years, occ.service r/o Sagroli, Dist. Nanded. 134. Potulwar Kishan Marotirao age 29 years, occ.service r/o Hottal, Dist. Nanded. 135. Balaji Tukaram Kurupsawle age 33 years, occ.service r/o Nanded. 136. Namdeo Bhaurao Sontakke age 30 years, occ.service r/o Malegaon, Nanded. 137. Shinde Pandhari Shankarrao age 31 years, occ.service r/o Wadepuri, Dist. Nanded. ( 15 ) wp4436.05 138. Pathan Sajjatkhan Ekbalkhan age 29 years, occ.service r/o Bhokar, Dist. Nanded. 139. Maroti Digambarrao More age 27 years, occ.service r/o Kapáshi (bk.) Dist.Nanded. 140. Namdeo Aaynayrao Kadam age 29 years, occ.service r/o Chikhali, Dist. Nanded. 141. Shete Keshav Madhavrao, age 28 years, occ.service r/o Loha, Dist. Nanded. 142. Pawar Ramesh Vyankatrao, age 26 years, occ.service r/o Loha, Dist. Nanded. 143. Narsingh Manikrao Dhulgande age 27 years, occ.service r/o Aashtur, Dist. Nanded. 144. Pawar Shivraj Pandurang, age 30 years, occ.service r/o Loha, Dist. Nanded. 145. Govind Vitthalrao More, age 31 years, occ.service r/o Sonkhed, Dist. Nanded. 146. Shivraj Balaji Chavan age 33 years, occ.service r/o Kandhar, Dist. Nanded. 147. Kailash Uttamrao More age 32 years, occ.service r/o Sonkhed, Dist. Nanded. 148. Shivaji Madhavrao Sawle ( 16 ) wp4436.05 age 31 years, occ.service r/o Shewdi, Dist. Nanded. 149. Bahgwat Gulabrao Jadhav age 35 years, occ.service r/o Cidco, Nanded. 150. Rajendra Peeraji Yamalwad age 29 years, occ.service r/o Khandgaon, Dist. Nanded. 151. Sudhir Ramrao Patil, age 32 years, occ.service r/o Naleshwar, Dist. Nanded. 152. Omprakash Panditrao Sonwale age 33 years, occ.service r/o Loha, Dist. Nanded. 153. Pralhad Digambarrao Hatne age 29 years, occ.service r/o Loha, Dist. Nanded. 154. Shriniwasreddy Bhuareddy Kacharal age 29 years, occ.service r/o Ganeshnagar, Nanded. 155. Babar Datta Keshavrao, age 33 years, occ.service r/o Ashtur, Dist. Nanded. 156. Dhanraj Shivraj Patil, age 32 years, occ.service r/o Motarga, Dist. Nanded. (Some of the complainants in Complaint (ULP) No.44 of 2001). 157. Rajeev Dyanoba Marewad age 33 years, occ. service r/o Kurla, Dist. Jalna. ( 17 ) wp4436.05 158. Subhash Raghunathrao Patil age 29 years, occ.service r/o Alandi, Dist. Nanded. 159. Subhanji Sahdeo Humpure age 27 years, occ.service r/o Belkoni, Dist. Nanded. 160. Nagnath Peeraji Mane age 29 years, occ.service r/o Dharmabad, Dist. Nanded. 161. Sanjay Bapurao Kahalekar age 33 years, occ.service r/o Loha, Dist. Nanded. 162. Sunklade Maroti Nagnathrao age 32 years, occ.service r/o Sawli. Dist. Nanded. 163. Sanjay Marotrao Ghorband age 31 years, occ.service r/o Osmannagar, Dist. Nanded. 164. Wanshete Balaji Bhagwantrao age 32 years, occ.service r/o Takli, Dist. Nanded. 165. Sanjay Nagorao Ghongde age 37 years, occ.service r/o Ahmadpur, Dist. Nanded. 166. Datta Shankar Dhage age 33 years, occ.service r/o Ghungarala, Dist. Nanded. 167. Nagorao Gangadharrao Patil age 32 years, occ.service r/o Khanapur, Dist. Nanded. ( 18 ) wp4436.05 168. Anil Chandrakant Sawant age 29 years, occ.service r/o Deglur, Dist. Nanded. 169. Shaikh Ismail Mahboob Sab age 30 years, occ.service r/o Deglur, Dist. Nanded. 170. Shiwaji Abaji Sugawe age 31 years, occ.service r/o Mukramabad, Dist. Nanded. 171. Gorakshanath Raghunath Deshmukh age 33 years, occ.service r/o Karadkhed, Dist. Nanded. 172. Santosh Bapurao Patil age 32 years, occ.service r/o Khanapur, Dist. Nanded. 173. Sanjay Madhavrao Dhulknale, age 29 years, occ.service r/o Deglur, Dist. Nanded. 174. Rajeshwar Madhavrao Hingole age 33 years, occ.service r/o Deglur, Dist. Nanded. 175. Udhav Bapurao Shinde age 28 years, occ.service r/o Shahapur, Dist. Nanded. 176. Bhagwanrao Gangadharrao Jalne age 29 years, occ.service r/o Sugaon, Dist. Nanded. 177. Hanmant Bapurao Birajdar age 29 years, occ.service r/o Markhel, Dist. Nanded. 178. Sanjay Laxmanrao Patil ( 19 ) wp4436.05 age 33 years, occ.service r/o Gawadgaon, Dist. Nanded. 179. Shridhar Lahuji Patil age 32 years, occ.service, r/o Markhel, Dist. Nanded 180. Subhash Tukaram Dinde age 33 years, occ.service, r/o Hanegaon, Dist.Nanded 181. Pawde Vijaykumar Bapurao age 35 years, occ.service, r/o Sarkhani, Dist. Nanded 182. Sontakke Sanjay Marotrao age 39 years, occ.service, r/o Ashta, Dist. Nanded 183. Keshwe Prakash Dattatraya age 31 years, occ.service, r/o Ashta, Dist. Nanded 184. Rathod Subhash Umla age 29 years, occ.service, r/o Waie, Dist. Nanded 185. Muneshwar Madhukar Khanduji age 28 years, occ.service, r/o Mahur, Dist. Nanded 186. Rathod Digambar Tulshiram age 27 years, occ.service, r/o Umari, Dist. Nanded 187. Chaudhari Subhash Wamanrao age 29 years, occ.service, r/o Waie, Dist. Nanded 188. Khare Govind Balwant age 33 years, occ.service, ( 20 ) wp4436.05 r/o Mahoor, Dist. Nanded 199. Karale Bhaskar Shriniwas age 34 years, occ.service, r/o Sarkhandi, Dist. Nanded 190. Thorat Deepak Wamanrao age 30 years, occ.service, r/o Sarkhandi, Dist. Nanded 191. Yadeo Gajanan Marotrao age 31 years, occ.service, r/o Wanola, Dist. Nanded 192. Kakde Datta Jalbaji age 33 years, occ.service, r/o Kinwat, Dist. Nanded 193. Karale Pradeep Baburao age 29 years, occ.service, r/o Kinwat, Dist. Nanded 194. Ambhore Sudhakar Maroti age 28 years, occ.service, r/o Kinwat, Dist. Nanded 195. Gunjker Prasad Gopinath age 33 years, occ.service, r/o Kinwat, Dist. Nanded 196. Kadam Santosh Awdhota age 27 years, occ.service, r/o Mahúr, Dist. Nanded 197. Karale Ashish Ramrao age 26 years, occ.service, r/o Kinwat, Dist.Nanded 198. Bendre Sahebrao Dadarao age 27 years, occ.service, r/o Wanola, Dist. Nanded ( 21 ) wp4436.05 199. Telke Ramesh Shivram age 27 years, occ.service, r/o Bodhadi, Dist. Nanded 200. Keshwe Praveen Babarao age 29 years, occ.service, r/o Vasantnagar, Nanded 201. Chabhrekar Sadashiv Vishwanath age 33 years, occ.service, r/o Nanded 202. Tidke Prashant Vitthalrao age 32 years, occ.service, r/o New Mondha, Nanded 203. Shinde Babarao Limbajirao age 31 years, occ.service, r/o Vasant Nagar Nanded 204. Karale Chandrakant Yeshwantrao age 33 years, occ.service, r/o Shivaji Nagar Nanded 205. Lekhule Sonba Nathu age 33 years, occ.service, r/o Vasant Nagar, Nanded 206. Pandit Visal Dattatray age 32 years, occ.service, r/o Degloor Naka, Nanded. (Some of the complainants in Complaint (ULP) No.47 of 2001) 207. Madhav Kondiba Puyad age 33 years, occ. service r/o Hadgaon, Dist. Nanded. 200. Murlidhar Keshavrao Kalyankar ( 22 ) wp4436.05 age 31 years, occ. service r/o Manatha, Tq. Hadgaon, District Nanded. 209. Digambar Govindrao Kokate, age 29 years, occ.service r/o Nanded. 210. Ku.Meena Udhavrao Nallawar age 29 years, occ.service r/o T. Market, Nanded. 211. Balaji Ganpati Handkhire age 30 years, occ.service r/o Barul, Tq. Kandhar, District Nanded. 212. Madhav Vithalrao Gaikwad age 30 years, occ.service r/o Barul, Tq. Kandhar, District Nanded. 213. Babu Tukaram Chatekar age 33 years, occ.service r/o Shivaji Nagar, Nanded. 214. Suresh Annarao More, age 32 years, occ.service r/o Sonkhed, Tq. Loha, District Nanded. 215. Subhash Deorao Babar age 31 years, occ.service r/o Loha, Dist. Nanded. 216, Ramrao Baburao Deshmukh age 31 years, occ.service r/o Kalambar, Tq. Loha, District Nanded. 217. Balaji Sangram Jadhav age 31 years, occ.service r/o Kandhar, Dist. Nanded. 218. Sanjeev Bapurao Karamunge age 29 years, occ.service ( 23 ) wp4436.05 r/o Sawargaon, Tq. Loha, District Nanded. 219. Mahboob Ismail Sab Kasar age 33 years, occ.service r/o Chikhali, Dist. Nanded. 220. Rajeev Shamrao Pawar, age 31 years, occ.service r/o Nanded. 221. Ananda Tukaram Parde age 31 years, occ.service r/o Chikhali, Tq. Kandhar Nanded. 222. Vyankati Tukaram Pandhare age 33 years, occ.service r/o Ambulga, Tq. Kandhar, District Nanded. 223. Tryambak Sahebrao Suryawanshi age 33 years, occ.service r/o Hadgaon, Dist. Nanded. 224. Santosh Manik Sagar age 31 years, occ.service r/o Dapka Gundopant, Tq. Mukhed District Nanded. 225. Raju Keshavrao Fazge age 29 years, occ.service r/o Sawargaon, Tq. Loha District Nanded. (Some of the complainants in Complaint (ULP) No.174 of 2001) 226. Santosh Kisanrao Walkale age 25 years, occ.service, r/o Khutmapur, Tq. Degloor, District Nanded. (Complainant in Complaint (ULP) No.158 of 2001) 227. Shilpa Abarao Hambarde ( 24 ) wp4436.05 age 23 years, occ.service r/o Baba Nagar, Nanded. 228. Maheboob Jilani Pathan age 27 years, occ.service r/o Telki, Taluka Loha District Nanded. 229. Sheshrao Hullappa Sagrole age 32 years, occ.service r/o Alandi, Tq. Biloli, District Nanded. 230. Sanjayaappa Ganeshappa Swami aged 21 years, occ. service r/o Biloli, Dist. Nanded. 231. Manoj Nagnath Rekhawar age 21 years, occ.service r/o Biloli, Dist. Nanded. 232. Deepak Baburao Shinde age 23 years, occ.service r/o Kesrali, Tq. Biloli, District Nanded. 233. Sanjay Vithalrao Matalwar age 32 years, occ.service r/o Shelgaon, Tq. Degloor, District Nanded. 234. Avinash Gangadharrao Narawade age 23 years, occ.service r/o Hingoli, Post. Badur Tq. Biloli, Dist. Nanded. 235. Kailas Devrao Wankhede age 32 years, occ.service r/o Shri Sai Samarth Niwas, 22, Nandanvan Colony, Yeshwant Nagar, Nanded. 236. Baliram Gangadharrao Ghongde age 30 years, occ.service r/o ND 42/ P-1/ 28/4 Hudco Nanded. ( 25 ) wp4436.05 (Some of the complainants in Complaint (ULP) 65 of 2003). 237. Sayyad Shadul Sk. Immam age 28 years, occ.service r/o Marshivni, Tq. Kandhar District Nanded. 238. Vijaykumar Baburao Patil age 30 years, occ.service r/o Sangwi, Tq. Degloor, District Nanded. 239. Ramesh Khandu Kamble age 27 years, occ.service r/o Pethwadaj, Tq. Kandhar District Nanded. (Some of the complainants in Complaint (ULP) No.66 of 2003). 240. Babu Kondiba Waghmare age 27 years, occ.service r/o Khatgaon, Tq. Bilali, District Nanded. 241. Saylu Hanumantral Mundker age 28 years, occ.service r/o Karla (Kd.), Post. Karla (Bk) Tq. Biloli, Dist. Nanded. 242. Maniksing Govindsingh Thakur age 30 years, occ.service r/o Sagroli, Tq. Biloli, District Nanded. 243. Laxman Wamanrao Gaikwad age 26 years, occ.service r/o Dhananj, At post Umra, Tq. Loha, Dist. Nanded. 244. Sou.Sangita Ramrao Kadam age 28 years, occ.service r/o Visawa Nagar, c/o Sopanrao Rukmaji Ghodge, ( 26 ) wp4436.05 Near Post office, Nanded. 245. Balasaheb Raosaheb Shinde age 27 years, occ.service r/o Manjram, Tq. Naigaon, District Nanded. 246. Kamaji Nilkanthrao Handre age 29 years, occ.service r/o Adhampur, Dist. Nanded. 247. Ashok Bhimrao Patange age 28 years, occ.service r/o Kandli, Tq. Kalamnuri, District Hingoli. 248. Ramdas Laxman Ambulgekar, age 27 years, occ.service r/o Degloor, Dist. Nanded. 249. Merewar Babu Gangaram age 25 years, occ.service, r/o Khutmapur, Tq. Degloor, District Nanded (Some of the complainants in Complaint (ULP) No.68 of 2003). 250. Ramchandra Gangaram Male age 25 years, occ.service r/o Shahapur, Tq. Degloor, District Nanded. 251. Sanjay Nivruttirao Dahale age 28 years, occ.service r/o ND 43/53-5, Cidco, Near LIC Office, Nanded. 252. Ramakant Kadajirao Deshmukh age 33 years, occ.service r/o Sonkhed, Tq. Loha, Dist. Nanded. 253. Rajendra Nandkishore Khedkar aged 36 years, occ. service r/o Hanuman Mandir Road, Shrinagar, Nanded. ( 27 ) wp4436.05 254. Taher Jilanisab Inamdar age 26 years, occ.service r/o Barhali, Tq. Mukhed, District Nanded. (Some of the complainants in Complaint (ULP) No.72 of 2003) 255. Rajesh Vyankatrao Dasarwar aged 29 years, occ. service r/o Kinwat, Dist. Nanded. 256. Bhujang Gangadharrao Chavan age 27 years, occ.service r/o Naigaon, Tq. Naigaon, District Nanded. 257. Shivaji Kishanrao Dhage age 28 years, occ.service r/o Dhanaj, Tq. Naigaon, District Nanded. (Some of the complainants in Complaint (ULP) No.77 of 2003). 258. Balaji Vishwanath Kadam age 30 years, occ. service r/o Nanded. (Complainant in Complaint (ULP) 156 of 2003) VERSUS 1. The State of Maharashtra .. Respondents Through the Registrar Cooperative Societies, Maharashtra State, Pune. 2. The Nanded District Central Cooperative Bank Limited, Nanded. Head Office at Station Road, Nanded, District – Nanded, through its Administrator. ( 28 ) wp4436.05 Mr. P. D. Bachate, Advocate for the petitioners. Mr. K. N. Lokhande, AGP for respondent No.1. Mr. K. J. Suryawanshi, Advocate for respondent No.2. CORAM : KISHORE C. SANT, J. RESERVED ON : 07.04.2025 PRONOUNCED ON : 21.04.2025 J U D G M E N T :- 01. Present petitioners have approached this Court challenging judgment and order dated 01.04.2005 passed by the learned Industrial Court, Jalna in Complaint ULP Nos. 27/2001, 31/2001, 43/2001, 44/2001, 47/2001, 158/2001, 174/2001, 46/2002, 65/2003, 66/2003, 68/2003, 72/2003, 77/2003, 87/2003, 187/2003, 146/2003 and 156/2003. By way of the judgment, the learned Industrial Court refused to allow the complaints, by the present petitioners. The petitioners had prayed to declare that the respondent has indulged into unfair labour practices under Item Nos. 6,9 and 5 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. [for short “MRTU and PULP Act, 1971”]. 02. In short, it is case of the petitioners that the petitioners were appointed in the year 1992 till 1995 on the post of Clerk. The respondent-bank passed two resolutions dated 17.04.1995 and ( 29 ) wp4436.05 31.07.1995. At the relevant time, the respondent-bank was in weak financial position and was facing financial crisis. To recover the amount, the respondent-bank had engaged employees i.e. these petitioners. However, the petitioners were not made permanent. The petitioners, therefore, filed ULP complaints. Initially, the Industrial Court granted order of status-quo. However, subsequently, the ULP complaints came to be dismissed by the judgment and order dated 01.04.2005. The respondent-bank, therefore, issued notice on 19.04.2005 and terminated services of the petitioners. The petitioners approached this Court challenging the said order. The petition came to be admitted by this Court by order dated 21.11.2005. Since the petitioners are facing difficulties, as they are out of service since 2005, this petition is moved for final hearing. Looking to the urgency, this Court decided to take up the matter for final hearing by consent of the parties, though the same is appeared in the order matters category. 03. At the outset, learned Advocate Mr. Bachate for the petitioners made submission that the respondent-bank has already filed affidavit in this writ petition, wherein it is stated that the bank is ready to consider the case of the petitioners sympathetically as per section 25-H of the Industrial Disputes Act and thus the petitioners would be ( 30 ) wp4436.05 considered for giving employment in the bank, in-case there are vacancies available. In the affidavit, it is pointed out that the respondent-bank itself has stated that the bank has retrenched the daily wages workers by preparing their seniority list and removed them. As and when the bank required services of the daily wages workers on temporary or permanent basis, the bank will consider claim of the daily wages workers as per seniority. Learned Advocate Mr. Bachate, therefore, submits that this petition can be disposed off in view of the said statement appearing in the affidavit-in-reply by the respondent- bank. 04. Learned Advocate Mr. Suryawanshi appearing for the respondent-bank raises preliminary objection that total 17 complaints were filed before the Industrial Court. The judgment was common, still the petitioners were required to file 17 writ petitions in this Court. The second objection he raised is about maintainability of the petition. He submits that it is the case of the petitioners themselves that they are terminated. Therefore, their remedy lies in approaching the Labour Court challenging the order of termination. When the remedy is available, the petitioners need not approach this Court. He vehemently submits that though submission is made in respect of retrenchment, ( 31 ) wp4436.05 however, the complaints filed were for permanency benefits and for declaration that the respondent-bank indulged in to unfair labour practices under item Nos. 6, 9 and 5 of the Schedule IV of the MRTU & PULP Act, by inviting attention to the prayers in the complaint. He submits that the Industrial Court has rightly considered the merits of the matter and has specifically come to a conclusion that no case is made out by the petitioners to allow the complaints. The Industrial Court has categorically recorded finding that the appointments of the petitioners were not made on sanctioned permanent post and the issue is rightly answered in negative. Even the point of legality and validity of the appointments is answered in negative. In such case, this petition need not be entertained. He further submits that some of the employees even approached the Labour Court challenging the order of termination. He, thus, prays for dismissal of the writ petition. 05. Learned Advocate for the petitioners Mr. Bachate relies upon following judgments :- i) Municipal Council, Pulgaon Vs. Sau. Manu w/o. Sudesh Malik and Anr., 2007(4) Mh.L.J.446. ii) Kiran Shankar Rawool & Ors. Vs. Eastern International Hotel & Ors., 2019 (2) Bom.C.R.489. iii) Management of the Barara Cooperative Marketing-cum- Processing Society Limited Vs. Workman Partap Singh, 2019 AIR (SC) 228. iv) Yadav Yogaji Ingle Vs. The Nanded District Central Co- ( 32 ) wp4436.05 operative Bank Ltd., Nanded [WP No.1748 of 2021 – dated 11.07.2023] . Above judgments are mainly relied upon by the petitioners to submit that the respondent-bank needs to consider the cases of these petitioners under section 25-H of the Industrial Disputes Act. 06. In the case of Municipal Council, Pulgaon [supra], this Court has held that the cause of action does not come to an end by termination of services. The Court has to consider the position as on the date of filing of the complaint under section 28 of the MRTU & PULP Act. . In the case of Kiran Shankar Rawool [supra], this Court held that even if the employees are not remaining unemployed for long period and even if they have engaged themselves in some other employment, still their names need to be considered, while considering section 25-H of the Industrial Disputes Act. . In the case of Management of the Barara [supra], the Hon’ble Supreme Court considered the provisions of section 25-H of the Industrial Disputes Act. It is held that said section requires to be implemented as per the procedure prescribed in the Rule 78 of the ( 33 ) wp4436.05 Industrial Disputes (Central) Rules, 1957. Section 25-H is held to be applicable only when the employer decides to fill up vacancies in their set up. It is further held that the section provides for issuance of notice to retrenched employee prescribed therein in that behalf. . In Yadav Yogaji Ingle [supra], this Court has directed the very bank i.e. the respondent in the present petition to consider the claim of the petitioners therein in terms of Section 25-H of the Industrial Disputes Act, if the petitioners are otherwise eligible and qualified. 07. So far as judgments in the cases above are concerned, there cannot be any dispute with the proposition. The only question is whether the said judgments are applicable to the present case. In this case it is clearly seen that the ULP complaints were filed for breach of item Nos. 6,9 and 5 of Schedule IV of the MRTU & PULP Act, whereas these judgments deal with the provisions of section 25-H of the Industrial Disputes Act. So far as Writ Petition No.1478 of 2021 is concerned, the facts are identical and the respondent is the same. This Court has clearly held that the petitioners had approached after considerable delay and the petitions were dismissed on the ground of delay and laches. It is only observed that the respondent-bank, if processes to fill in any post, in ( 34 ) wp4436.05 that case the bank may consider the claim of the petitioners therein in terms of section 25-H of the Industrial Disputes Act. This Court in the said judgment had shown some indulgence looking to the submissions of the parties. 08. In the present case, this Court finds that the petitioners have approached this Court challenging the judgment passed by the Industrial Court. No any perversity or illegality is pointed out in the impugned judgment. This Court is, thus, not inclined to interfere with the said judgment. No case is made out calling for interference. So far as section 25-H is concerned, this Court finds that no specific direction is necessary. It is always open for the respondent-bank to consider the provisions of the Act. 09. With the above discussions, the Writ Petition stands dismissed with no order as to costs. Rule discharged. 10. In view of dismissal of the Writ Petition, connected Civil Application does not survive and is disposed off accordingly. [KISHORE C. SANT, J.] snk/2025/mar25/wp4436.05