Dismissed

Divisional Controller Msrtc Ahmednagar v. Gahininath Paraji Shirsath

Bombay HC14 Feb 2024WP/1827/2024

Case brief

AI extract

What is this about?

A Divisional Controller challenged an Industrial Court order quashing a recovery deducted from the retirement benefits of a driver due to salary misfixation. The Court dismissed the petitions, upholding that recovery is impermissible for Class III/IV services without employee fraud.

What did the court decide?

The Writ Petitions were dismissed; the Industrial Court order was upheld.

Divisional Controller Msrtc Ahmednagar Vs… — Pension and Retirement Benefits | Bombay HC (2024)

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2024:BHC-AUG:4137

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IN THE JUDICATURE OF HIGH COURT AT BOMBAY BENCH AT AURANGABAD

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911 WRIT PETITION NO. 1827 OF 2024

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Divisional Controller, M.S.R.T.C., Ahmednagar R/o Sarjepura, Kothala, Ahmednagar.

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...Petitioner

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VERSUS

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Gahininath Paraji Shirsath, Age 58 years, Occ. Retired, R/o Shikshak Colony, Mali Babhulgaon, Tq. Pathardi Dist. Ahmednagar.

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...Respondent

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Advocate for the Petitioner : Mr. Deshmukh Bhausaheb

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Sadashivrao

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AND 913 WRIT PETITION NO. 1834 OF 2024

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Divisional Controller, M.S.R.T.C., Ahmednagar R/o Sarjepura, Kothala, Ahmednagar.

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...Petitioner

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VERSUS

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Chandkha Yakubkha Pathak (Died) Through L.Rs.

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1(A) Rehana Chandkha Pathan, Age 52, Occu. Household,

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1(B) Moin Chandkha Pathan, Age 27, Occu. Nil,

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1(C) Mosim Chandkha Pathan, Age 23, Occu. Nil,

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All R/o At Post Tisgaon Tq.Pat hardi Dist. Ahmednagar. ...Respondents

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911 WP 1827-2024

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Advocate for the Petitioner : Mr. Deshmukh Bhausaheb Sadashivrao

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CORAM : ARUN R. PEDNEKER, J. Dated : February 14, 2024

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PER COURT :-

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Heard the learned Advocate appearing on behalf of the petitioner.

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The petitioner is challenging the order dated 24/03/2011, passed by the Industrial Court in Complaint (ULP) No.01/2005, whereby the retired employee of the petitioner challenged the recovery made by the petitioner from retirement benefits, and deducted Rs.53,202/- on the ground of wrong disbursement, without giving opportunity of hearing to the petitioner. The recovery was done on account of wrongful fixation of salary for the first two years of the employment.

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The complaint filed by the petitioner is heard by the Industrial Court. The Industrial Court has relied upon the paragraph No.18 of the Judgment of the Hon’ble Supreme Court in case of State of Punjab and others vs. Rafiq Masih (White Washer) and others, reported in 2015 (145) FLR 234, wherein the Hon’ble Supreme Court has observed that, it would be impermissible in law to recover excess amounts paid to the employees on account of wrong fixation of pay scale where the recovery is from the employees belonging to Class III and IV service,

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911 WP 1827-2024

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when there is no fraud played by the employee. The wrongful fixation of the salary is completely at the instance of the petitioner and that the employee is not responsible for the same.

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In the instant case, the employee was employed as a Driver on the MSRTC and would be considered to be employed in Class III and Class IV or Group “C” or Group “D”. In view of the same, the Industrial Court quashed and set aside the order of re-fixation of wages dated 05/09/2011 and directed the M.S.R.T.C. to refund the amount of Rs.53,202/- to employee Gahininath Paraji Shirsath with interest @ 6% per annum from the date of filing of the complaint till its realization.

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The law is clear on the subject of recovery on account of wrongful fixation of the salary of the employee of Class “C” or “D” services, where the employee has not played any fraud, the recovery cannot be made from the retirement benefits. I see no error in the order passed by the Industrial Court. The writ petitions are dismissed.

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( ARUN R. PEDNEKER, J. )

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vj gawade/-.

Divisional Controller Msrtc Ahmednagar v. Gahininath Paraji Shirsath

Case brief

What is this about?

What did the court decide?

Divisional Controller Msrtc Ahmednagar v. Gahininath Paraji Shirsath

Case brief

What is this about?

What did the court decide?

What the court decided

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