Mula Pravara Electric Co-Operative Society. v. Shridhar Bapusaheb Chavan.

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1465 OF 1997 The Mula Pravara Electric Co-operative Society Ltd., Shrirampur, Dist.Ahmednagar, Through its Managing Director -- PETITIONER

VERSUS

Shridhar Bapusaheb Chavan, Age-Major, Occu-Service, R/o Deolali Pravara, Taluka Rahuri, Dist.Ahmednagar -- RESPONDENT Mr.Ajinkya Deshmukh with Mr.A.V.Hon, Advocate for the petitioner. Mrs.C.F.Deshmukh and Mr.M.N.Deshmukh, Advocates for the respondent (Absent).

( CORAM : RAVINDRA V. GHUGE, J.) DATE : 24/11/2016 ORAL JUDGMENT :

1.

None appears for the respondent. Matter is pending final hearing for almost 20 years.

2.

The petitioner is aggrieved by the judgment dated 17/03/1997 by which the Industrial Court, Ahmednagar allowed Complaint (ULP) No.397/1995 and though the respondent had worked for only 75 days, had directed the petitioner to maintain a seniority list of temporary employees, include him in the seniority list and make work available to khs/NOV.2016/1465-d

him depending upon availability of work and his seniority. 3.

Learned Advocate for the petitioner submits that during the pendency of this petition, which was admitted on 11/03/1998, the respondent was given service benefits and eventually when the petitioner went into liquidation in 2011, the respondent was given a VRS package of Rs.4,78,000/-, which he has accepted. 4.

Considering the above, this petition is partly allowed. Taking into account the VRS package accepted by the respondent, the impugned order shall stand modified in terms of the VRS package. The respondent would therefore not be entitled for any other benefits arising out of his employment or non-employment with the petitioner. 5.

Rule is made partly absolute in the above terms. ( RAVINDRA V. GHUGE, J.) khs/NOV.2016/1465-d