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M. S. KARNIK
Vitthal Pandurang Kumbhar – Appellant
Versus
Kolhapur Municipal Corporation – Respondent
JUDGMENT :
1. The challenge in this writ petition filed under Article 227 of the Constitution of India is to an order dated January 29, 2018 passed by the Industrial Court, Kolhapur dismissing the complaint of Unfair Labour Practice (hereafter ‘ULP’ for short) filed by the petitioner (hereafter ‘the employee’ for short).
2. The employee filed a complaint of ULP before the Industrial Court for a direction to the Kolhapur Municipal Corporation (hereafter ‘the Corporation’ for short) to consider the services rendered by the employee on daily wages for the purpose of benefit of pension. The employee was engaged as a daily wager with the Corporation in construction department w.e.f. 3rd August, 1987, where he worked continuously in such capacity till 16th June, 2004. The employee participated in the selection process for the post of ward-boy in the Health Department of the Corporation. The employee was recommended by the selection committee and thereafter appointed by an order dated 17th June, 2004, whereafter the employee became a permanent employee of the Corporation and was holding the post of ward boy till his retirement from the Health Department. The employee superannuated on May 3
The main legal point established in the judgment is the interpretation and application of Regulation 7 of the Pension Regulations, emphasizing the plain and unambiguous language of the regulation and....
The main legal point established in the judgment is the entitlement of daily wagers to pensionary benefits by counting the entire period of service as continuous under Section 25B of the Industrial D....
The main legal point established in the judgment is that daily wagers are entitled to pensionary benefits based on their continuous service and working days, as per the G.R. dated 17.10.1988 and Sect....
The main legal point established in the judgment is that the entitlement to pensionary benefits and the calculation of 240 days of service, including Sundays and official/public holidays, are to be d....
The main legal point established in the judgment is that a daily wager is entitled to pensionary benefits by counting the entire period of service from the date of entry until retirement, as per the ....
Under Rule 13 thereof, the service that qualifies for pension commences from the date the employee takes charge of the post to which he is appointed either substantively or in an officiating/temporar....
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