1 W.P.No.3723.10 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3723 OF 2010 Dastagir Badsha Khalifa ... Petitioner v/s Jaysingpur Nagar Parishad, Jaysingpur. ... Respondent Mr.Uday P. Warunjikar for the petitioner. Mr.G.M.Savagave for the respondent. CORAM: SMT.NISHITA MHATRE, J. DATED: 13TH SEPTEMBER, 2010 P.C.: 1. The Industrial Court by the impugned order has rejected the interim application filed by the petitioner for release of provisional pension. The prayer in the application was that the petitioner should be paid full pension from January, 2007 by taking the date of retirement of the petitioner as 26.12.2006. 2. Mr.Warunjikar, the learned advocate appearing for the 2 W.P.No.3723.10 petitioner submits that the application for interim relief for releasing the provisional pension has wrongly been dismissed by the Industrial Court. He submits that even assuming the petitioner has no right to his pension on the basis that he ought to have retired on 26.12.2006, he is in any event entitled to pension from the date on which, according to the respondent, he had attained the age of superannuation i.e. 31.12.2001. 3. This submission of Mr.Warunjikar is correct. A letter has been issued to the petitioner on 22.12.2006 terminating his services retrospectively with effect from 31.12.2001. It appears that this order was challenged by the petitioner by filing Complaint (ULP) No.3 of 2007 before the Labour Court at Kolhapur. The complaint was allowed on 30.9.2008. Aggrieved by that order, the respondent preferred Revision Application No.146 of 2008 before the Industrial Court which is still pending, admittedly. 4. In my opinion, the Industrial Court in the present complaint ought not to have rejected the interim relief application as in any event pension would be payable to the petitioner, taking into consideration his deemed date of retirement as 31.12.2001. 3 W.P.No.3723.10 5. Accordingly, the petition is allowed. The order of the Industrial Court dated 29.1.2010 is set aside. 6. The application for interim relief is allowed on the following terms: (i) The respondent is directed to pay provisional pension taking into consideration the date of retirement as 31.12.2001. (ii) The pension will be paid and accepted by the parties without prejudice to their rights and contentions in Complaint (ULP) No.191 of 2009. (iii) The petitioner shall communicate his Bank account number to the respondent for the pension to be paid to him. 7. The aforesaid order shall remain in operation during the pendency of the complaint. ..... 4 W.P.No.3723.10