Mula Pravara Electric ... vs Shridhar Bapusaheb Chavan
2016 Latest Caselaw 6673 Bom

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             IN THE HIGH COURT OF JUDICATURE OF BOMBAY   
                         BENCH AT AURANGABAD




                                                            
                           WRIT PETITION NO.1465 OF 1997 

    The Mula Pravara Electric
    Co-operative Society Ltd.,




                                                           
    Shrirampur, Dist.Ahmednagar,
    Through its Managing Director                                -- PETITIONER

    VERSUS




                                              
    Shridhar Bapusaheb Chavan,
    Age-Major, Occu-Service,  
    R/o Deolali Pravara,
    Taluka Rahuri, Dist.Ahmednagar                               -- RESPONDENT

Mr.Ajinkya Deshmukh with Mr.A.V.Hon, Advocate for the petitioner. Mrs.C.F.Deshmukh and Mr.M.N.Deshmukh, Advocates for the respondent (Absent).

( CORAM : RAVINDRA V. GHUGE, J.)

DATE : 24/11/2016

ORAL JUDGMENT :

1. None appears for the respondent. Matter is pending final hearing

for almost 20 years.

2. The petitioner is aggrieved by the judgment dated 17/03/1997 by

which the Industrial Court, Ahmednagar allowed Complaint (ULP)

No.397/1995 and though the respondent had worked for only 75 days,

had directed the petitioner to maintain a seniority list of temporary

employees, include him in the seniority list and make work available to

khs/NOV.2016/1465-d

him depending upon availability of work and his seniority.

3. Learned Advocate for the petitioner submits that during the

pendency of this petition, which was admitted on 11/03/1998, the

respondent was given service benefits and eventually when the

petitioner went into liquidation in 2011, the respondent was given a VRS

package of Rs.4,78,000/-, which he has accepted.

4.

Considering the above, this petition is partly allowed. Taking into

account the VRS package accepted by the respondent, the impugned

order shall stand modified in terms of the VRS package. The respondent

would therefore not be entitled for any other benefits arising out of his

employment or non-employment with the petitioner.

5. Rule is made partly absolute in the above terms.

( RAVINDRA V. GHUGE, J.)

khs/NOV.2016/1465-d