MIDC THROUGH ITS CHIEF EXECUTIVE OFFICER UDYOG SARATHI MAHAKALI GUFA MARG, ANDHERI (EAST) MUMBAI 23 Vs. MURAR RAMCHANDRA GHATGE (DECEASED) THROUGH HIS LRS, SMT.SUNANDA MURAR GHATGE, R/O 300C WARD, NEAR SHIVAJI MARKET, SHIVAJI PUTALA, KOLHAPUR
HIGH COURT OF BOMBAY
Midc Through Its Chief Executive Officer Udyog Sarathi Mahakali Gufa Marg, Andheri (East) Mumbai 23
Murar Ramchandra Ghatge (Deceased) Through His Lrs, Smt.Sunanda Murar Ghatge, R/O 300C Ward, Near Shivaji Market, Shivaji Putala, Kolhapur
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Ravindra V. Ghuge, J. -
(1.) Rule. Rule made returnable forthwith and heard finally by the consent of the parties.
(2.) The petitioners are aggrieved by the judgment of the Labour Court/Controlling Authority dated 31/12/2011 by which the application of the respondent/deceased employee for gratuity was allowed and he was granted gratuity for an amount of Rs.1,53,135/khs/ with 10% interest. The petitioners are also aggrieved by the judgment of the Industrial Court/Appellate Authority dated 16/04/2013 by which the appeal preferred by the petitioners has been dismissed. The original claimant Murar Ramchandra Ghatge has passed away and is represented by his widow.
(3.) The learned counsel for the petitioners has strenuously criticized the impugned judgment. His challenge can be summarized as follows :
[a] The deceased was not a workman.
[b] The deceased was removed from service for a long period of unauthorized absence.
[c] Rule 101 of The Maharashtra Civil Services (Pension) Rules, 1982 would lead to the forfeiture of gratuity after a government servant is removed from service.
[d] Interest @ 10% granted by the Controlling Authority is exorbitant.;
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