Supreme Court - Daily Orders
The Superintendent Mseb vs Subhash Eknath Nafade on 10 January, 2020
Bench: R. Banumathi, A.S. Bopanna
1
ITEM NO.5 COURT NO.5 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 44322/2019
(Arising out of impugned final judgment and order dated 20-06-2019
in WP No. 823/2003 passed by the High Court Of Judicature At Bombay
At Aurangabad)
THE SUPERINTENDENT, MSEB
THERMAL POWER STATION, DEEPNAGAR, JALGAON Petitioner(s)
VERSUS
SUBHASH EKNATH NAFADE Respondent(s)
(FOR ADMISSION and Interim Relief and
IA No.785/2020-CONDONATION OF DELAY IN FILING and
IA No.790/2020-EXEMP.FROM FILING C/C OF THE IMPUGNED JUDGMENT and
IA No.789/2020-PERM.TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)
Date : 10-01-2020 This petition was called on for hearing today.
CORAM :
HON'BLE MRS. JUSTICE R. BANUMATHI
HON'BLE MR. JUSTICE A.S. BOPANNA
For Petitioner(s) Mr. Kumar Shashank,Adv.
Ms. Rukhmini Bobde,Adv.
Ms. Shagufa Salim,Adv.
Mr. Nivesh Kumar,Adv.
Mr. Aviral Kapoor,Adv.
Mr. Vishal Prasad, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Delay condoned.
We have heard Mr. Kumar Shashank, learned counsel appearing for the petitioner-MSEB Thermal Power Station.
In the peculiar facts and circumstances of the case, we are Signature Not Verified not inclined to interfere with the impugned order insofar as Digitally signed by MAHABIR SINGH Date: 2020.01.13 16:34:17 IST Reason: directing the petitioner to accommodate the first respondent in the alternate employment as a class IV employee as peon/ward boy. 2 At this stage, it is stated that the first respondent has attained the age of superannuation.
In such view of the matter, the petitioner is directed to pay the provident fund, gratuity and other pensionary benefits as admissible to the respondent under the Rules in the capacity as class IV employee.
Considering the submissions made at the Bar, issue notice. There shall be an interim stay of the impugned order insofar as direction of payment of the back-wages ordered to be paid to the first respondent until further orders from this Court.
(MAHABIR SINGH) (BEENA JOLLY) COURT MASTER BRANCH OFFICER