Supreme Court - Daily Orders
The Superintendent Mseb vs Subhash Eknath Nafade on 27 September, 2021
Bench: M.R. Shah, A.S. Bopanna
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 6005 OF 2021
(Arising out of SLP (C) No. 1124/2020)
THE SUPERINTENDENT MSEB Appellant(s)
VERSUS
SUBHASH EKNATH NAFADE Respondent(s)
O R D E R
Leave granted.
Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Judicature at Bombay, Bench at Aurangabad in Writ Petition No.823 of 2003 by which the High Court has dismissed the said Writ Petition preferred by the appellant-herein and has confirmed the judgment and Award passed by the learned Industrial Court dated 12.08.2002 directing the appellant to offer respondent/employee the alternate employment in lieu of his disability and to pay the salary and other service benefits to him with effect from 20.11.1990, the employer has preferred the present appeal.
It is not in dispute that, by the judgment and Award passed by the learned Industrial Court, the learned Industrial Court allowed the Complaint (UPL) No. 749 of 1999 and directed the appellant- herein to provide alternate re-employment in Class-IV i.e. on the Signature Not Verified Digitally signed by R post of Peon/Wardboy or Messenger and to pay him salary with other Natarajan Date: 2021.09.29 16:47:06 IST Reason: benefits with effect from 20.11.1990. The same was the subject- matter before the High Court. The High Court considering the fact 2 that, in the meantime, the respondent had attained the age of superannuation dismissed the said Writ Petition, however, the High Court directed the appellant to pay the salary and other service benefits to the employee with effect from 20.11.1990. The aforesaid is the subject-matter of present appeal. Having heard the learned counsel appearing for the respective parties, we are of the opinion that in the facts and circumstances of the case, if the respondent is paid all benefits including the monetary benefits and the back-wages with effect from the judgment and award passed by the learned Industrial Court i.e. 12.08.2002, it will meet the ends of justice.
In view of the above and for the reasons stated above, the impugned judgment and order passed by the High Court is hereby modified to the extent awarding the back-wages to the respondent with effect from the judgment and Award passed by the learned Industrial Court i.e. 12.08.2002. The rest of the judgment passed by the High Court as well as the judgment of the Industrial Court are hereby confirmed. The appellant is hereby directed to pay all monetary benefits and other benefits as per the present order to the respondent within a period of two months from today.
With this, the present Appeal is partly allowed to the
aforesaid extent. No costs.
.......................... J.
(M.R. SHAH )
.......................... J.
(A.S. BOPANNA)
New Delhi;
September 27, 2021.
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ITEM NO.32 Court 13 (Video Conferencing) SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 1124/2020
(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 Petitioner(s) VERSUS SUBHASH EKNATH NAFADE Respondent(s) IA No. 790/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 789/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES Date : 27-09-2021 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MR. JUSTICE A.S. BOPANNA For Petitioner(s) Mr. Kumar Shashank, Adv.
Mr. Aviral Kapoor, Adv.
Mr. Piyush Tonk, Adv.
Mr. Vishal Prasad, AOR For Respondent(s) Mr. Nishant Ramakantrao Katneshwarkar, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The present Appeal is partly allowed in terms of the signed order.
Pending applications, if any, stand disposed of.
(R. NATARAJAN) (NISHA TRIPATHI)
ASTT. REGISTRAR-cum-PS BRANCH OFFICER
(Signed order is placed on the file)