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Siddi Anwar Husain Siddi Mahemood ... vs The State Of Maharashtra And Others on 26 September, 2022
cites
Article 14 in Constitution of India [Constitution]
The Wakf Act, 1995
Article 16 in Constitution of India [Constitution]
Magic Wash Industries (P) Ltd. And Ors. vs Asst. Provident Fund Commissioner And ... on 26 November, 1998
In Magic Wash Industries (Private) Limited vs.
Assistant Provident Fund Commissioner and others, 1999 Vol.II
Current Labour Reports 426, the learned Division Bench of this
Court at Goa concluded on the issue of reduction of the infancy
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period under Section 16(1)(d) of the EPF and MP Act, 1952, that
there can be no doubt that the vested rights or benefits under the
legislation could be retrospectively taken away by legislation, but
the statute taking away such rights or benefits must expressly
reflect its intention to that effect. It was held that the amended
provision does not curtail the infancy period of the already
existing establishments which enjoyed five years infancy period
and that the amended provision would be applicable only to
establishments newly set up after coming into effect of the said
provision on the statute book.
Haji Sheikh Ibrahim Sahib'S Private ... vs Madras State Wakf Board, Madras on 5 March, 1964
15. Shri Deshmukh, therefore, submits that the
judgment in Shaikh Zafar (supra) was not brought to the notice
of the Division Bench of this Court when the judgment in
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Ghulam Mustafa (supra) was delivered on 06.03.2018.
Faheem Akhtar Akhtaruzz Aman vs The State Of Maharashtra And Another on 18 April, 2019
16. Shri Deshmukh has then relied upon the judgment
delivered by the Division Bench of this Court at Aurangabad on
18.04.2019 in Writ Petition No.5307/2018 filed by Faheem
Akhtar s/o Akhtaruzz Aman vs. The State of Maharashtra
wherein, an identical issue was raised. Faheem Akhtar was
appointed on 01.08.1999 and was superannuated on 31.12.2016
at the age of 58 years. The Wakf Board cited the 2017
Regulations stating that the Government has granted the sanction
to these Regulations in June, 2018. The Division Bench
concluded that Fhaeem Akhtar was superannuated when the 1964
Regulations were applicable and the 2017 Regulations were in
the nature of draft rules. The Division Bench, therefore,
concluded in paragraphs 5 and 6 as under:-