Maharashtra State Road Transport ... vs Tafazzul Hussain Mohammad Zahir

Citation : 2017 Latest Caselaw 1074 Bom
Judgement Date : 27 March, 2017

Bombay High Court
Maharashtra State Road Transport ... vs Tafazzul Hussain Mohammad Zahir on 27 March, 2017
Bench: Ravi K. Deshpande
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   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             NAGPUR BENCH, NAGPUR

                   Writ Petition No.3804 of 2015


  Maharashtra State Road Transport
  Corporation, Bhandara, by its 
  Divisional Controller, Bhandara.                   ... Petitioner

        Versus

  Tafazzul Hussain Mohammad Zahir,
  Age about 59 years,
  Occupation - Nil,
  R/o Lashkaribagh,
  Near the House of Samad Haji
  (Transporter),
  Near Badi Masjid, Nagpur.                          ... Respondent


  Shri V.H. Kedar, Advocate for Petitioner.
  Shri B.M. Khan, Advocate for Respondent.


                Coram : R.K. Deshpande, J.

th Dated : 27 March, 2017 Oral Judgment :

1. Rule, made returnable forthwith. Heard finally by consent of the learned counsels appearing for the parties. ::: Uploaded on - 27/03/2017 ::: Downloaded on - 28/03/2017 01:21:55 ::: 2

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2. The learned counsels appearing for the parties submit that the controversy involved in the present writ petition is covered by the decision of this Court delivered in Writ Petition No.3466 of 2011 and other connected matters, decided on 6-3-2012. In view of the said decision, the order passed by the Industrial Court needs to be modified as under :

It is held that the respondent-complainant shall be entitled to the reliefs, as are granted by the Industrial Court in the judgment and order impugned in this petition, subject to the satisfaction of the petitioner-Maharashtra State Road Transport Corporation that the respondent-complainant satisfies all the conditions prescribed for his entitlement in terms of the Resolution No.8856 dated 31-8-1978 read with Clause 19 of the 1985 Settlement.

3. The respondent-complainant shall submit compliance of all the conditions, as stated above, to the petitioner-Corporation ::: Uploaded on - 27/03/2017 ::: Downloaded on - 28/03/2017 01:21:55 ::: 3 wp3804.15.odt within a period of one month from today. The petitioner-Corporation shall take decision within a period of one month thereafter.

4. The petition stands disposed of. No order as to costs.

JUDGE.

Lanjewar.

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