2025:BHC-AUG:35745 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2430 OF 2018

1. The Secretary, Government of Maharashtra, Public Works Department, Mantralaya, Mumbai

2. The Executive Engineer Public Works Department, Ahmednagar Nagar Aurangabad Road, Ahmednagar .. Petitioners (Original Respondents No.1 and 3)

Versus

1. Asha Rangnath Karale Age Major, Occu. Nil, 2. Shri. Manoj Rangnath Karale Age Major, Occu. Nil, Both R/o. Mauli Nagar (Lekhanagar) Dhawan Vasti, Near Raskar Welding Pipeline Road, Ahmednagar 3. Usha Satish Kalamkar Age Major, Occu. Nil, R/o. Kavijang Nagar, Kachwala Bangla Gulmohar Road, Ahmednagar 4. Jyoti Sukhadev Kapade Age Major, Occu. Service, R/o. Vasant Tekadi, Aurangabad Road Ahmednagar, Taluka and District Ahmednagar .. Respondents [Respondents No.1 and 2 are original Complainant No.1 and 2 and Respondents No.3 and 4 are original respondents No.4 and 5 in complaint (ULP)]

Ms. M. N. Ghanekar, A.G.P. for Petitioners;

Mr. Parag V. Barde, Advocate for Respondents :

CORAM : SACHIN S. DESHMUKH, J.

DATE : 15-10-2025 ORDER:-

1. The petitioners have raised an exception to the judgment and order dated 02.02.2017 rendered by the learned Member, Industrial Court, Ahmednagar, in Complaint (ULP) No.48 of 2011, directing the petitioners (original respondents No.1 and 3) to take immediate steps (i) granting family pension to respondent No.1 (original complainant No.1), (ii) granting compassionate appointment to respondent No.2 (original complainant No.2).

2. Respondents No.1 and 2 filed complaint alleging unfair labour practice under item 5, 9 and 10 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (for short, “MRTU and PULP Act”), claiming pensionary benefit to respondent No.1 and employment to respondent No.2.

3. Respondents No.1 and 2 (complainants) are the legal heirs as widow and son, respectively, of deceased Rangnath Mahadu Karale, who died while in employment of Public Works Department (PWD), Ahmednagar, on 30.07.2007.

4. After death of Rangnath, Civil Application No.33 of 2008 was preferred by the daughters of first wife Gayabai of the deceased Rangnath, namely, Smt. Asha Rangnath Karale and Kum. Jyoti Rangnath Karale, in the Court of Joint Civil Judge Senior Division, Ahmednagar, claiming succession certificate. In the said proceedings, complainant and respondent No.3 and 4 are declared as legal heirs and successors and were held to entitle to receive the gratuity and other service benefits to the extent of their respective shares. Accordingly, succession certificate was issued.

5. It is further the case of the petitioners that, first wife of deceased Rangnath, namely, Gayabai died on 10.08.2007. Thereafter, respondent No.1/ complainant – Asha claimed the pensionary benefits and also sought appointment on compassionate ground for respondent No.2 as he was only eligible for the said appointment. Upon denial, the complainant filed complaint (ULP) No.48 of 2011 before the Industrial Court, Ahmednagar alleging unfair labour practices under items 5, 9 and

10 of the MRTU and PULP Act.

6. The petitioners presented written statement and resisted the said complaint (ULP) stating that respondent No.1/complainant being second wife of deceased Rangnath was not entitled for pensionary benefit. The deceased being a Government employee, therefore, the complaint before the learned Industrial Court is not maintainable. Respondent No.1 ought to have presented the proceeding before the learned Maharashtra Administrative Tribunal (“MAT”). In view of Government Circular dated 03.11.2008 and as per the provisions of the Maharashtra Civil Services (Pension)

Rules, 1982. Hence, prayed to dismiss the complainant (ULP).

7. At this juncture, it would be appropriate to state that Complaint (ULP) No.115 of 2012 presented by respondents No.3 and 4 for seeking pensionary benefits and compassionate appointment is dismissed in default by the learned Industria