Maha. Enviro Power Ltd., Thr. Unit ... vs Prakash S/O Tikaram Hemankar
2016 Latest Caselaw 4873 Bom

                                        1
                                                                        wp4350.16.odt

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                    
                    NAGPUR BENCH, NAGPUR




                                                            
                        Writ Petition No.4350 of 2016

      Maharashtra Enviro Power Ltd.,
      A Limited Company duly 
      incorporated and Registered




                                                           
      under the Companies Act, 1956,
      having its Regd. Office at 267, 
      Ganesh Fadnavis Bhavan,
      Near Triangular Park,
      Dharampeth,




                                             
      Nagpur - 440 010
      and works at           
      CHW-01, Mandwa, MIDC
      Industrial Area, Butibori,
      Nagpur-441 122,
                            
      through its Unit Head,
      Chittaranjan s/o Paresh Sarkar.                         ... Petitioner


           Versus
      
   



      Prakash s/o Tikaram Hemankar,
      Aged about 41 years,
      Occupation - Service,
      R/o C/o Vitthal Kathore,





      Ward No.05, Butibori,
      Dist. Nagpur.                                           ... Respondent


      Shri   Anand   Jaiswal,   Senior   Advocate,   assisted   by   Shri   A.J.   Pathak, 
      Advocate for Petitioner.





      Shri S.S. Rao, Advocate for Respondent.


                   Coram : R.K. Deshpande, J.

Dated : 24th August, 2016

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Oral Judgment :

1. Rule, made returnable forthwith. Heard finally by consent of

the learned counsels appearing for the parties.

2. The respondent has made the following statements in para 3

of the rejoinder :

"3.

The Respondent being suitable for the same was considered for the same and hence transferred to Jambusar. It

is pertinent to note that the Respondent in addition to his regular pay would be entitled to the free bachelor's accommodation and the free food facility. Further, his transfer

is for the temporary period i.e., till the completion of the ONGC

Project which is at the finale stage of completion."

3. Shri Anand Jaiswal, the learned Senior Advocate, assisted by

Shri A.J. Pathak, Advocate, appearing for the petitioner, makes a

statement that within a period of eight months from the date of

joining the respondent at Jambusar, he will be brought back to

Nagpur. He further makes a statement that the respondent-employee

shall be entitled to free bachelor's accommodation, free food facility

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during the course of his stay at Jambhusar in addition to his regular

pay, and also the travelling expenses. There is no reason to doubt such

statements made before this Court.

4. In view of this, the petition is allowed. The impugned order

dated 16-7-2016 passed by the Industrial Court, Nagpur, in Complaint

(ULP) No.261 of 2016, is hereby quashed and set aside. The aforesaid

statements are accepted as an undertaking to this Court. No order as

to costs.

JUDGE.

Lanjewar

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CERTIFICATE

"I certify that this Judgment uploaded is a true and correct copy of original signed Judgment."

Uploaded by : P.D. Lanjewar, PS

Uploaded on : 25-8-2016