Uttam Raghunath Kshirsagar v. The Accounts Officer Maharashtra State Electricity Distribution Company And Another

{1} 24-WP-13929-2019

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.13929 OF 2019 WITH CA/7941/2023 IN WP/13929/2019 The Accounts Officer Maharashtra State Electricity Distribution Company And Another Petitioners

Versus

Uttam Raghunath Kshirsagar Respondent Mr. U.S. Malte, Advocate for the petitioners. Mr. S.B. Bhosale, Advocate for the respondents. .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 11 th SEPTEMBER, 2023 ORDER :

1.

Order passed by learned Member, Industrial Court, Latur, in Complaint (ULP) No. 93/2016, dated 17.01.2018 is impugned in the present petition.

2.

Respondent has filed complaint claiming family pension. Said complaint is decided ex-parte against the petitioners. In this petition, petitioners have raised various contentions including that respondent has not exercised option to be a member of pension scheme and therefore he is not entitled for family pension.

Bhagyawant Punde

{2} 24-WP-13929-2019 3.

Considering the rival contentions and the fact that respondent is already paid provident fund amount and other retieral benefits, except family pension, this Court is of the view that the rival contentions need to be tested on the basis of evidence led by the parties before the Industrial Court. In that view of the matter, writ petition is allowed. 4.

Impugned order dated 17.01.2018, passed by learned Member, Industrial Court, Latur in Com/ULP/No. 93/2016, is quashed and set aside.

5.

Petitioner shall pay cost of Rs. 25,000/- to the respondent in the Industrial Court, within two weeks from today. 6.

Industrial Court shall decide Com/ULP/No. 93/2016 by giving opportunity of hearing to both the parties, within a period of six months from the date of receipt of writ of this order. 7.

The amount deposited by the petitioner shall be subject to the final decision of the Industrial Court. 8.

In view of disposal of writ petition, civil application stands disposed of.

[NITIN B. SURYAWANSHI, J.] Bhagyawant Punde