Ramesh Jabaji Lawhate vs The Div. Controller, Msrtc, ...
2016 Latest Caselaw 5830 Bom

                                                                      WP/3132/2006
                                            1

                    IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                               BENCH AT AURANGABAD




                                                                              
                              WRIT PETITION NO. 3132 OF 2006




                                                      
     Ramesh Jabaji Lawhate,
     Age 38 years, Occ. Nil,
     r/o at and post Chinchapur,
     Tq. Sangamner, District




                                                     
     Ahmednagar.                                       ..Petitioner

     Versus

     The Divisional Controller,




                                          
     Maharashtra State Road
     Transport Corporation,  
     Ahmednagar Division,
     Ahmednagar.                                       ..Respondent

                                           ...
                            
                        Advocate for Petitioner : Shri P.V.Barde
                      Advocate for Respondent : Shri M.K.Goyanka
                                           ...
      

                              CORAM : RAVINDRA V. GHUGE, J.

Dated: October 03, 2016 ...

ORAL JUDGMENT:-

1. The petitioner is aggrieved by the Part II award dated

17.1.2004, whereby, Reference (IDA) No.11 of 1996 was partly

allowed.

2. I have heard the strenuous submissions of the learned

Advocates for the respective sides.

3. This Court while admitting the petition on 24.4.2006 has

WP/3132/2006

refused interim relief to the petitioner. So also, the respondent /

Corporation had challenged the same Part II award dated 17.1.2004,

in Writ Petition No.976 of 2005, which was dismissed on 13.2.2006.

4. As such, the issue is as regards Section 17B Industrial Disputes

Act benefits for about ten months from the date of filing of this

petition till the retirement of the petitioner on 13.3.2005. It is

stated that the gratuity has been paid till the date of his dismissal

12.7.1988.

5. The petitioner had admitted before the Labour Court that he

held a driving license for a heavy vehicle and that he was driving

such a vehicle. He had further stated that he was getting Rs.50/- per

day through labour works. Keeping in view the law laid down by the

Honourable Apex Court in the matter of J.K.Synthetics Ltd vs. K.P.

Agrawal and another [(2007) 2 SCC 433], an employee has to lead

evidence to establish that he had made attempts to seek alternate

employment and despite his attempts, he could not secure such

employment. Only then, he could be entitled for backwages.

6. The impugned Part II award was published on 18.5.2004. The

petition filed by the respondent has been dismissed. As such, this

petition stands disposed off, keeping in view that the petitioner /

employee's claim for backwages in this petition cannot be

WP/3132/2006

entertained. He would be entitled to gratuity amount from the date

of dismissal 12.7.1988 till his date of retirement 31.3.2005 and for

Section 17B wages, which would amount to ten months last drawn

salary, which the respondent shall pay to the petitioner, within a

period of twelve weeks from today, failing which he shall be entitled

for 6% interest on both the said amounts from the date of the award.

7. Rule is discharged.

                              ig           ( RAVINDRA V. GHUGE, J. )
                            
                                      ...

     akl/d