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2024 Supreme(SC) 796

SANDEEP MEHTA, R. MAHADEVAN
Secretary, Public Works Department – Appellant
Versus
Tukaram Pandurang Saraf – Respondent


Advocates appeared:
For the Appellant(s) Mr. Siddharth Dharmadhikari, Adv. Mr. Aaditya Aniruddha Pande, AOR Mr. Bharat Bagla, Adv. Mr. Sourav Singh, Adv. Mr. Aditya Krishna, Adv. Mr. Aadarsh Dubey, Adv. Ms. Preet S. Phanse, Adv.
For the Respondent(s): Mr. Md. Anas Chaudhary, Adv. Mr. Mohd. Sharyab Ali, Adv. Ms. Shehla Chaudhary, Adv. Mr. Ansar Ahmad Chaudhary, AOR

JUDGMENT :

SANDEEP MEHTA, J.

1. Heard.

2. The present appeal by special leave is preferred on behalf of the appellants-employer, challenging the impugned judgment dated 15th November, 2014 passed by the High Court of Judicature at Bombay, Nagpur Bench at Nagpur in Writ Petition No. 3425 of 2010 (Civil), whereby the High Court dismissed the said writ petition filed by appellants-employer and upheld the judgment and order dated 31st October, 2009 passed by the Industrial Court, Yavatmal, Maharashtra (hereinafter being referred to as ‘Industrial Court’) in Complaint (A.K.P.) No. 38/2006. The Industrial Court had allowed the complaint filed by the respondent-employees upholding their claim for entitlement of holidays on 2nd and 4th Saturdays and for payment of salary equal to one and a half times salary for the work done by them on 2nd and 4th Saturdays as per the Kalelkar Award.

3. The facts of the case, in a nutshell, are that the respondent-employees were appointed on the positions of Mailmujar and Mali between 1982 and 1997 under the Executive Engineer, Public Works Department, Pusad, Tq. Pusad, District Yavatmal and the Sub-Divisional Officer, Public Works Department, Pusad, Tq. Pusad

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