SUMANBAI BHAURAO SHINDE Vs. MARATHWADA AGRICULTURAL UNIVERSITY

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of learned Counsel for the parties, this petition is heard finally at the stage of admission.

(2.) This petition under Article 226 of the Constitution of India, filed by the petitioner, prays for issuance of a writ of certiorari for quashing and setting aside the impugned order dated 27.2.2001. The petitioner also prays vide prayer clause (C) for issuance of writ of mandamus directing the University to absorb the petitioner as a permanent employee in the category from seats reserved for Project Affected Persons by taking into consideration the service rendered by the petitioner as daily rated employee.

(3.) It is not disputed before us that the petitioner worked with the respondent - University as a daily rated employee from 1981 till her termination i.e. 27.2.2001. Upon her termination, the petitioner has received all the benefits in respect of retrenchment as are directed in section 25-F of the Industrial Disputes Act. The petitioner by this petition, therefore, prays for quashing of the order dated 27.2.2001 terminating the services of the petitioner with effect from 1.4.2001. The petition suffers from laches in respect of challenge to this impugned order as this impugned order was passed in the year 2001 and the petition in this behalf has been filed in this Court on 10.7.2006. That apart, the petitioner has accepted the retrenchment compensation as was admissible to the petitioner under section 25-F of the Industrial Disputes Act.