Bombay High Court
Sunil Manohar Ghodke vs Kinetic Engineering Ltd Through ... on 29 September, 2016
Bench: R.V. Ghuge
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 5689 OF 2016
Sunil s/o Manohar Ghodke,
Age : 55 years, Occupation : Service,
R/o Plot No.39, Renuka Nagar,
Kedgaon, Taluka and District
Ahmednagar.
...PETITIONER
-VERSUS-
Kinetic Engineering Ltd.,
Nagar-Daund Road,
Near Arangaon, Taluka and
District Ahmednagar.
Through its Chairman/ President.
...RESPONDENT
...
Advocate for Petitioner : Shri Markad Dattraya R.
Advocate for Respondent : Shri Bedre Vinayak Sudhakar.
...
CORAM: RAVINDRA V. GHUGE, J.
DATE :- 29th September, 2016
Oral Judgment :
1 Rule. Rule made returnable forthwith and heard finally by the
consent of the parties.
2 The learned Advocates for the Petitioner and the Respondent
submit that in identical set of facts involving an identically situated
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employee and the same Respondent in Writ Petition No.5575/2016
(Ambadas s/o Pandurang Gurav/ Waghmare vs. Kinetic Engineering Ltd.),
this Court vide judgment dated 31.08.2016 has partly allowed the petition
and converted the dismissal of the Petitioner into discharge. Necessary
directions have been issued in paragraphs 16 and 17 of the said judgment
dated. Similar directions can be issued in this matter as well.
3 The learned Advocate for the Petitioner submits that there is
some confusion about suspension allowance having not been paid to the
Petitioner in this case. Shri Bedre, learned Advocate for the Respondent,
fairly submits, on instructions, that if any portion of the suspension
allowance is not paid, that would also be paid within a period of twelve
weeks from today.
4 In the light of the above, this Writ Petition is, therefore, partly
allowed. The dismissal of the Petitioner dated 28.03.2012 shall stand
converted into an order of discharge w.e.f. the date of this judgment. He
will not be entitled for any back-wages. His gratuity shall be calculated
from the date of his joining 01.03.1988 till 30.09.2016 on the basis of his
last drawn gross wages on an average for the months of December, 2011,
January, 2012 and February, 2012. He shall be entitled for retiral benefits,
provident fund accumulation, pensionary benefits, if any, as may be
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payable to him in accordance with law and the service conditions
applicable to him. The impugned judgments of the Labour Court and the
Industrial Court are, therefore, modified with these directions.
5 In the event, any portion of the suspension allowance of the
Petitioner is not paid, the Respondent shall pay the same within a period
of FOUR WEEKS from today, in addition to the above.
Rule is made partly absolute in the above terms.
kps (RAVINDRA V. GHUGE, J.)
