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2004 Supreme(Bom) 904

NISHITA MHATRE
Transport Manager, Kolhapur Municipal – Appellant
Versus
Pravin Bhabhutlal Shah & others – Respondent


JUDGMENT - MHATRE NISHITA, J.:-Rule, returnable forthwith. Mr. Topkar waives service for respondent No. 1. Respondent Nos. 2 and 3 need not be served being formal parties. By consent, Rule called out and heard.

2. This petition has been filed against the order dated 30th March, 2002 passed by the Controlling Authority, Kolhapur in Application (PGA) No. 19 of 2000 allowing the application filed by respondent No. 1 and the order dated 9th October, 2003 of the Appellate Authority, Pune in Appeal (PGA) No. 2 of 2003 dismissing the appeal preferred by the petitioner.

3. The facts, in brief, are as follows :

On 19th October, 1966 respondent No. 1 (hereinafter referred to as "the workman") was employed with the petitioner undertaking and he was superannuated on 1st December, 1999. As his gratuity was not paid, respondent No. 1 filed an application before the Controlling Authority on 14th August 2000 claiming gratuity of Rs. 2,71,656/- for 33 years of service. The claim was made on the basis of the monthly wages which were payable to the workman. According to him, he was entitled to basic wages of Rs. 2,900/- plus Rs. 6612/- as dearness allowance calculated at the rate of 228% of the basic w
















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