Sau. Nirmala Pundlik Meshram v. Maharashtra State Social Welfare Board, Through Its Secretary, Mumbai And Others

46-wp-5642-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition (WP) No. 5642 of 2018 Sau. Nirmala Pundlik Meshram

Versus

Maharashtra State Social Welfare Board, through its Secretary, Mumbai and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri G.G.Bade, Advocate for the petitioner.

Shri Shyam Bissa, AGP for the respondent/State. CORAM : ANIL S. KILOR, J.

DATED : 6th FEBRUARY, 2024.

Heard.

2.

This petition restricts to the additional claim of the petitioner for special allowances working in the Naxalite area, denied by the Industrial Court, Chandrapur vide impugned judgment and order dated 16th January, 2018 passed in complaint ULP No. 12 of 2015.

3.

After going through the complaint as well as the evidence of the complainant/petitioner, there is nothing on record to show any rule or Government SKNair

46-wp-5642-18.odt Resolution or policy to grant such allowances to the temporary employee like the petitioner.

4.

Admittedly, the petitioner was working as a temporary employee and as nothing has been brought on record to show her entitlement to such allowance, the relief was denied by the learned Industrial Court. 5.

The learned counsel for the petitioner has drawn attention of this Court to the Government Resolution dated 6th August, 2002 to claim such allowances. However, the language of the said Government Resolution makes it clear that it is applicable to the Government employees, which the petitioner is not.

6.

Thus, in absence of any material available on record to show that the petitioner is entitled for such allowance, the denial of such claim by the learned Industrial Court, Chandrapur cannot be faulted with. 7.

Accordingly, the writ petition is dismissed for want of any merit.

[ANIL S. KILOR, J.] SKNair