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2012 Supreme(Bom) 920

P.B.MAJMUDAR, ANOOP V.MOHTA
Tata Co. Employees Union – Appellant
Versus
Tata Power Co. Ltd. – Respondent


Advocates appeared:
For the Appellants:A.D. Shetty with Rita K. Joshi, Advocate.
For the Respondent:K.M. Naik, Sr. Adv. i/b S.P. Salkar & R1 - Sahil Mullick, R2 -Suresh Kumar, Advocates.

Judgment :

P.B. MAJMUDAR J.

1. This appeal is directed against the judgment and order of the learned Single Judge dated 16th July 2008 in writ petition No.2500 of 2005. By the impugned order, the learned Single Judge has allowed the writ petition filed by the respondent Company and set aside the orders which were impugned before the learned Single Judge viz. The orders dated 28th July 2000 and 6th July 2005. The learned Single Judge has held that the respondent Company is not liable to contribute any amount towards provident fund contribution on the basis of agreement dated 10th May 1995. A memorandum of settlement was entered into between the appellants and respondents on 10th May 1995 by which the Company has agreed to pay Rs.1200/-p.m. towards food allowance. As per the said agreement, it is agreed by both the parties that with effect from 1st June 1995 food allowance of Rs.900/-per month (through salary) is to be paid in a division where canteen exists. In addition, coupons worth Rs.310/-would be issued every month for which a deduction of monthly contribution of Rs.10/-will be made from the salary of each employee. It is also provided in the agreement that in the divisions where



























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