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IN THE HIGH COURT OF JUDICATURE AT BOMBAY AURANGABAD BENCH
HITEN S. VENEGAVKAR
Municipal Council, Beed – Appellant
Versus
Sayyad Mir Habib Alam Mir Manjur Alam – Respondent
JUDGMENT :
HITEN S. VENEGAVKAR, J.
1. Rule. Rule made returnable forthwith. Heard finally with the consent of the parties and taken up for final disposal.
2. Heard the learned Advocate for the Petitioner and the AGP for the State.
3. The Petitioner is the Municipal Council, Beed, and has preferred this Writ Petition under Article 227 of the Constitution of India, challenging the impugned Judgment and Order dated 27th April, 2023 passed by the learned Member, Industrial Court, Aurangabad, in Complaint (ULP) No. 119 of 2014.
4. It is the contention of the Petitioner that Respondent No. 1 was appointed as ‘Daily Wage Worker’ with the Petitioner initially on 7th September, 1985, and his services came to be terminated on 16th July, 1985. Challenging the order of termination, Complaint (ULP) No. 93 of 1985 was filed before the learned Labour Court at Aurangabad, which was allowed on 24th February 1987, with directions to provide all the benefits of reinstatement, including continuity of service and back wages. After the order of the learned Labour Court, Aurangabad, a seniority list was prepared wherein the Respondent No. 1 was shown at Sr. No. 116. However, the services of the Respondent No.
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The central legal point established in the judgment is the entitlement of the petitioner to pensionary benefits from the date of his superannuation, based on the interpretation of relevant pension ru....
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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 ....
A daily-wager who completes 10 years of continuous service is entitled to pension benefits under the Government Resolution dated 17.10.1988.
Point of Law : Determining the qualifying service for the purpose of pension any benefit as provided in Rule 49 of CCS (Pension) Rules, 1972, has not been taken away and an employee has not been prec....
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....
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