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2018 Supreme(Bom) 1924

SHALINI PHANSALKAR-JOSHI
Vilas Pandurang Markande – Appellant
Versus
Regional Labour Commissioner (Central) Mumbai – Respondent


Advocates Appeared:
For the Petitioners: Ms. Jane Cox i/by Karishma Rao.
For the Respondents: Mr. R.V. Govilkar, a/w Mr. D.P. Singh, Mr. Arsh Misra i/by M.V. Kini & Co.

JUDGMENT :


1. Heard learned counsels for the petitioner and respondents.


2. Admit.


3. With the consent of learned counsel for both the parties, the petition is taken up for final hearing at the stage of admission itself.


4. This Writ Petition takes an exception to the order dated 27th November, 2017, passed by the Regional labour Commissioner (Central) Mumbai, thereby dismissing the Claim Application filed by the petitioner under Section 33-C(1) of the Industrial Disputes Act, 1947. (for short called as, “I.D. Act”).


5. This Application under Section 33-C(1) of the I.D. Act, was preferred by the petitioner against respondent No.2, challenging the deduction of an amount of Rs.2,91,312.87, from his leave encashment proceeds, on account of alleged wrong fixation of pay at the time of his promotion from the Feeder post Master II Class to Master I Class, on 16.2.1998. It was submitted by the petitioner that this deduction from his entitlement towards leave encashment proceeds is totally illegal, unjustified and erroneous, considering that the amount was payable as per service conditions/settlements arrived at between him and the respondent No.2, under Mumbai Board Trust Employees Leave





























































































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