Maharashtra State Road Transport ... vs Tafazzul Hussain Mohammad Zahir
2017 Latest Caselaw 1074 Bom

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                                                              wp3804.15.odt

   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.

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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

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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.