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N. J. JAMADAR
Chief Executive Officer, Vita Nagar Parishad – Appellant
Versus
Tanaji Ramchandra Kadam – Respondent
JUDGMENT :
N.J. JAMADAR, J.
1. Since a common question of law: whether the services rendered on daily wage basis qualify for the pensionable service, after the employee is made permanent, arises for determination in these petitions, in an identical factual backdrop, both the petitions are heard and decided by this judgment.
2. Rule. Rule made returnable forthwith. With the consent of the learned counsel for the parties, heard finally.
3. Mr. Tanaji Kadam, the respondent in Writ Petition No. 12848 of 2022 and Mr. Jaysingh Kadam, the respondent in Writ Petition No. 13157 of 2022 were appointed as sweepers with Vita Nagar Parishad, the petitioner, a local authority, on 20th May, 1985. The respondents filed complaint before the Industrial Court at Kolhapur alleging unfair labour practices in not giving the benefit of permanency. During the pendency of those complaints, the petitioner and respondents arrived at a settlement. In accordance with the terms of settlement, the parties agreed that the respondents would be absorbed in the services of the petitioner and made permanent.
4. Pursuant to the settlement arrived at between the parties, the Director of Municipal Administration passed an or
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 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 ....
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....
Pension is a right that cannot be arbitrarily denied; employees with long-term service against sanctioned posts are entitled to have their past service counted for pension benefits, regardless of the....
Point of law: It is a settled legal proposition that the court should not set aside the order which appears to be illegal, if its effect is to revive another illegal order. It is for the reason that ....
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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