The State Of Maharashtra. v. Madhav Bhimaji And Another.
*1*
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO.4049 OF 1995 The State of Maharashtra.
Through Executive Engineer, Public Works Department, At Post Sangamner, District Ahmednagar.
...PETITIONER -VERSUSShri Madhav Bhimji Dighe, R/o Talegaon, Taluka Sangamner, District Ahmednagar.
The learned Presiding Officer, First Labour Court, Ahmednagar.
...RESPONDENTS ...
Shri S.W.Munde, AGP for the Petitioner/ State. Shri A.S.Shelke, Advocate for Respondent No.1. ...
CORAM: RAVINDRA V. GHUGE, J.
DATE :- 12th August, 2016 Oral Judgment :
Respondent No.2 is not a necessary party and hence, stands deleted.
The Petitioner is aggrieved by the award dated 08.06.1994 by which Reference (IDA) No.62/1990 was allowed and the Respondent/
*2* Employee was granted reinstatement with continuity and full back-wages from 01.03.1987.
This Court had stayed the impugned award by order dated 17.02.1998. The application filed by the Respondent/ Employee seeking benefits of Section 17-B of the Industrial Disputes Act, 1947 was granted by this Court by order dated 12.09.2003 and consequentially, the Respondent/ Employee has been paid Rs.44,080/- by way of last drawn wages for the period 21.04.2003 to 30.06.2012. It is not in dispute that the Respondent/ Employee worked from 01.06.1985 to 28.02.1987, which is a period of about two years. He is out of employment for more than 29 years.
As such, the ratio of the grant of compensation at the rate of Rs.30,000/- per year of service put in by the Employee as is laid down by the Honourable Supreme Court in the following four judgments needs to be followed :- (a) Assistant Engineer, Rajasthan State Agriculture Marketing Board, Sub-Division, Kota Vs. Mohanlal, [2013 LLR 1009]; (b) Assistant Engineer, Rajasthan Development Corporation and another Vs. Gitam Singh, [(2013) 5 SCC 136];
*3* (c) BSNL Vs. Man Singh, [(2012) 1 SCC 558]; and (d) Jagbir Singh Vs. Haryana State Agriculture Marketing Board, [(2009) 15 SCC 327].
Considering the above, the Respondent/ Employee would be entitled for Rs.60,000/- as compensation. He has already been paid Rs.44,080/- towards Section 17-B wages.
In the light of the above, the impugned award shall stand modified by grant of compensation in lieu of reinstatement with continuity and back-wages. As such, the Petitioner shall, therefore, pay an amount of Rs.16,000/- (Rupees Sixteen Thousand) to the Respondent/ Employee within TWELVE WEEKS from today, failing which the said amount will carry interest at the rate of 6% per annum from the date of the award till it's actual payment.
The Writ Petition is partly allowed in the above terms. Rule is made partly absolute accordingly.
kps (RAVINDRA V. GHUGE, J.)