Disposed

Anusaya Wd/O Bhikarchand Deogade v. Muncipal Council, Bhandara Thru. C.O. and Anor.

Bombay HC27 Jul 2009CAZ/240/2009

Case brief

AI extract

What is this about?

Two Letters Patent Appeals and accompanying civil applications for condonation of delay were disposed of. The court deferred adjudication on the entitlement of legal heirs for pension and gratuity interest until a pending writ challenge to the employees' regularization is resolved.

What did the court decide?

The civil applications for condonation of delay were allowed. The Letters Patent Appeals were disposed of with the issue of entitlement left open for consideration after adjudication by the Single Jud

Anusaya Wd/O Bhikarchand Deogade Vs Muncipal… — Pension and Retirement Benefits | Bombay HC (2009)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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CAZ NO. 240/2009 IN LPA ST. NO. 2966 OF 2009 IN WP NO. 948 OF 2008

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(Mrs. Anusaya Bhikarchand Deogade vs. Municipal Council, Bhandara & Anr.)

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WITH

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CAZ NO. 262/2009 IN LPA ST. NO. 1923 OF 2009 IN WP NO. 924 OF 2008

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(Mrs. Sindhu Shyamrao Dhore vs. Municipal Council, Bhandara & Anr.)

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Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.

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Court's or Judge's orders

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CORAM : B.P. DHARMADHIKARI & F.M. REIS, JJ. JULY 27, 2009.

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Heard Shri Jaiswal, learned counsel for the appellant - employees and Shri Dhatrak, learned counsel for the respondent - Municipal Council.

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In connected Letters Patent Appeals, we have granted the applications for condonation of delay today. For the reasons stated in the said order, the present Civil Applications for condonation of delay are also allowed.

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On merits, it seems that the regularization granted to the deceased employees Shyamrao Dhore and Bhikarchand Deogade is itself challenged by the Municipal Council in Writ Petition No. 3720 of 2005 and 3858 of 2004 and the same are pending for adjudication before the learned Single Judge.

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As the regularization itself is under challenge, we are not in a position to consider the

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entitlement of legal heirs of the deceased employees for release of payment of any pension in these matters. We, therefore, leave the matter open after adjudication by the learned Single Judge.

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Shri Jaiswal, learned counsel has, however, contended that the learned Member of Industrial Court has granted interest on gratuity @ 9% per annum only from the date on which application under Section 30(2) of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1972, was allowed. He contends that the employee Shyamrao Dhore expired on 6.7.2000 and the employee Bhikarchand Deogade expired on 12.12.1994 and hence interest ought to have been granted from the said date.

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Shri Dhatrak, learned counsel for the respondents states that this issue may be left open for consideration after the learned Single Judge adjudicates the issue of entitlement to pension and retirement benefits. Shri Jaiswal, learned counsel for the appellant in both the matters, agrees to this suggestion.

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Hence, with the consent of parties, we leave the issue of entitlement of legal heirs of employees in both the matters to interest on gratuity for the period from the death of respective

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employees till the date of passing of interim orders by the Industrial Court, open for consideration at appropriate stage.

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Subject to this clarification, the present Letters Patent Appeals are disposed of. No order as to costs.

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JUDGE JUDGE

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*GS.

Anusaya Wd/O Bhikarchand Deogade v. Muncipal Council, Bhandara Thru. C.O. and Anor.

Case brief

What is this about?

What did the court decide?

Anusaya Wd/O Bhikarchand Deogade v. Muncipal Council, Bhandara Thru. C.O. and Anor.

Case brief

What is this about?

What did the court decide?

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