Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT NAGPUR
ROHIT W.JOSHI
Nagpur Municipal Corporation – Appellant
Versus
Bhimrao S/o Tukaram Meshram – Respondent
JUDGMENT :
ROHIT W. JOSHI, J.
1. Heard.
2. Since all the cases involve identical dispute with respect to claim of pension, all these petitions are being decided by common judgment. The facts of Complaint (ULP) No.25 of 2021 are taken into consideration for adjudication.
3. Rule. Rule is made returnable forthwith. Heard finally with consent of learned counsel for the respective parties.
4. The present petition is filed challenging the judgment and order dated 05.12.2022, passed by the learned Member, Industrial Court No.1, Nagpur, in Complaint (ULP) No.25 of 2021. The petitioner is the employer of the respondents. The parties will be referred as “NMC” and “the employees” respectively hereinafter.
5. All the employees had filed Complaint (ULP) No.25 of 2021 claiming that they were appointed as daily wagers in the Garden and Water Department of NMC, their initial appointments being made between the years 1991 to 1996 and that subsequently they were granted benefit of permanency in the months of June, July and November, 2006. Their contention is that their services are governed by Model Standing Orders framed under the Maharashtra Industrial Relations Act, 1946 and that upon completion of 24
Employees regularized from daily wage status are entitled to count prior service for pension eligibility, affirming pension as a right under constitutional law.
Employees as Daily Rated Workers can count their pre-regularization service for pension if employed monthly and after 15 years, following the stipulations of the relevant Pension Rules.
The main legal point established in the judgment is that the entire length of service from the date of initial appointment should be considered for the purposes of fixation of pensionary benefits.
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....
The exclusion of service rendered by an employee on the work-charged establishment or daily wager from Section 2 of the U.P. Act No.1 of 2021 is hit by Article 14 of the Constitution of India for the....
Prior service as work-charged employees must be counted towards qualifying service for pension, ensuring compliance with principles of fairness and non-discrimination.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
