Chandrabhaga Sadashiv Kumbhar vs Teh Divisional Railway Manager
2021 Latest Caselaw 13159 Bom

         Digitally
         signed by
         PRASHANT
PRASHANT VILAS
VILAS    RANE
RANE     Date:
         2021.09.17
         19:30:51
         +0530                                               2wp8129-09grp.doc


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                             CIVIL APPELLATE JURISDICTION

                            WRIT PETITION NO.8129 OF 2009

         Prabhakar Kisan Magar               .... Petitioner
              V/s.
         The Divisional Railway Manager,
         Western Railways                    ... Respondents

                                        with
                            WRIT PETITION NO.8128 OF 2009

         Rampal Singh K.                     .... Petitioner
              V/s.
         The Divisional Railway Manager,
         Western Railways                    ... Respondents

                                         with
                             WRIT PETITION NO.205 OF 2010

         Chandrabhaga Sadashiv Kumbhar       ... Petitioner
              V/s.
         The Divisional Railway Manager,
         Western Railways                    ... Respondents

                                         with
                             WRIT PETITION NO.244 OF 2010

         Sadashiv Vithoba Shinde      ... Petitioner
              V/s.
         The Divisional Railway Manager,
         Western Railways                  ... Respondents

                                        ---
         Mr. R.R.Salvi i/b. Mrs.Suvarna Telgode, for the petitioner in WP
         8129/09 and WP 244/2010.

         Mr.Vishal Golam Bade i/b. Ms.Neeta V.Masurkar, for the Respondents in
         WP 8129/09.

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                                                        2wp8129-09grp.doc



Mr.Suresh Kumar, for the Respondents in WP 8128 of 2009.

                            ----
                           CORAM : G.S.KULKARNI, J.

DATE : 15th September, 2021.

P.C.:

1. I have heard Mr.Salvi, learned Counsel for the petitioners and Mr.Suresh Kumar, learned Counsel for the respondents-railways.

2. The issue in these petition is in regard to the interest benefit claimed under Section 33-C of the Industrial Disputes Act by these petitioners having succeeded in the proceedings under the Industrial Disputes Act, initiated by them. Mr.Salvi submits that the issue is squarely covered by the decision of this Court in Writ in Ms.Prabhavati Ramgarib Vs. Divisional Railway Manager, Western Railway, Mumbai Central, Mumbai, reported in 2010(4) Mh.L.J. 691. It appears that this judgment has been accepted by the railways. Mr.Suresh Kumar fairly states that he would take instructions.

3. The parties are put to notice, considering that such a short issue is involved, that the proceedings would be taken up for final hearing on the adjourned date of hearing.

4. Stand over to 22 September 2021 at 2.30 p.m.

(G.S.KULKARNI, J.)