The State of Maharashtra v. Nilkant Ramchandra Sonwane
Case brief
What is this about?
Writ petition challenging Labour Court award directing consideration for regularisation and retirement benefits of Mustering Assistant. High Court modified the award, granting compensation at Rs. 1 lakh per year of service, relying on identical precedents.
What did the court decide?
Compensation of Rs. 6,50,000/- granted for service from 01/08/1982 to 31/12/1988.
What the court decided
2024:BHC-AUG:25290
IN THE JUDICATURE OF HIGH COURT AT BOMBAY BENCH AT AURANGABAD
951 WRIT PETITION NO. 8032 OF 2020
The State Of Maharashtra VERSUS
Nilkant Ramchandra Sonwane
AGP for the Petitioner : Mr. S. S. Dande Advocate for Respondent : Mr. Parag V. Barde
CORAM : ARUN R. PEDNEKER, J. Dated : October 15, 2024.
PER COURT :-
- Heard the learned counsel for the parties.
- The petitioner State challenges the award passed by the Labour Court, dated 28/02/2019, holding that the act of the First Party terminating the service of the Second Party w.e.f. 01/01/1989 was illegal and against the provisions of law. The Labour Court further directed consideration of the Second Party’s case in accordance with the Government Resolutions dated 01/12/1995 and 21/04/1999, and subsequent Resolutions and Circulars dealing with the questions of regularisation and absorption of Mustering Assistants, for the purpose of extending benefits of continuation in service since 01/01/1989 and afterretirement benefits, but without back wages.
Issues for consideration
1 issue framed by the court
Whether the termination of service of Mustering Assistant was illegal and entitling the employee to regularisation and retirement benefits?
Parties & counsel
- petitioner
State Of Maharashtra
- respondent
Nilkant Ramchandra Sonwane
Coram
Arun R. Pedneker
Case details
As recorded by the court registry
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