Prakash S/O Yadvrao Gujarmare Vs Western Coalfields Limited, Nagpur and Another

The learned counsel for the parties state that the issue involved in this writ petition is also involved in a bunch of writ petitions bearing W.P. No. 250/2013 and others and this court by the judgment dated 7.10.2013 has partly allowed the writ petitions by issuing a direction in favour of the petitioners therein. The learned counsel for the parties state that a similar order could be passed in this case also.

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Hence, for the reasons recorded in the judgment dated 7.10.2013 in W.P.No. 250/2013 and other connected matters, we partly allow this writ petition.

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We hereby declare that the petitioner is entitled to the benefit of section 47 of the Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The services rendered by the petitioner for the past several years are protected. However,

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the petitioner would not be entitled to difference of back wages for the period beyond the period of three years preceding to the date of filing of this writ petition. The petitioner would, therefore, be entitled to difference in wages for a period of three years preceding the date of filing of this petition only. The benefit as aforesaid should be made available to the petitioner, within a period of three months.

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Order accordingly. No order as to costs.

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JUDGE JUDGE

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Hirekhan

Prakash S/O Yadvrao Gujarmare v. Western Coalfields Limited, Nagpur and Another

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Prakash S/O Yadvrao Gujarmare v. Western Coalfields Limited, Nagpur and Another

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