A writ petition challenging the Labour Court's denial of 2/3rd backwages was dismissed. The Judge upheld the award of only 1/3rd backwages based on intermittent work but noted the dismissed claim concerned a non-major amount.
Rule discharged. Writ petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 wp 2149.91
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO. 2149 OF 1991
Shri Madhukar Baburao Tant, Age : 40 Years, R/o H. No. 855, Bagad Patti, Ahmednagar. .. Petitioner
Versus
The Rajabahadur Motilal Poona Mills Limited, MIDC Area, Ahmednagar. .. Respondent
Shri T. K. Prabhakaran, Advocate for the Petitioner.
CORAM : S. V. GANGAPURWALA, J. DATE : 15TH JANUARY, 2013.
ORAL JUDGMENT :
. The present writ petition is filed against the order passed by the Presiding Officer, Labour Court to the extent of denial of 2/3rd backwages.
2 wp 2149.91
presumption that the petitioner is technical hand and he could not have sat idle, has denied the backwages to the extent of 2/3rd. The learned counsel submits that the petitioner fairly stated about his temporary appointment for a particular period. Even temporary appointment cannot be said to be a gainful employment. These aspects have not been considered by the Court. The learned counsel submits that at the relevant time the loss of Rs. 36,000/- would be a substantial loss and the petitioner is entitled for the said amount.
Sd/-
[ S. V. GANGAPURWALA, J. ]
bsb/Jan. 13
2 issues framed by the court
Whether the denial of 2/3rd backwages by the Labour Court can be challenged in a writ petition.
Whether the petitioner's temporary intermittent employment entitles him to 2/3rd backwages despite the Labour Court's distinction.
Shri Madhukar Baburao Tant
The Rajabahadur Motilal Poona Mills Limited
S. V. Gangapurwala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
