1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 803 OF 2010 IN WRIT PETITION NO. 7053 OF 2007 Shri Arun Dattatraya Joshi ... Applicant v/s Mah. State Road Transport Corpn. ... Respondent Mr.Umesh R. Mankapure for the applicant. Mr.G.S.Hegde for the respondent. CORAM: SMT.NISHITA MHATRE, J. DATED: 18TH JUNE, 2010 P.C.: 1. The civil application has been filed for a direction to the respondent to pay service benefits after the applicant’s retirement, such as, the gratuity, pension, provident fund and other consequential benefits. 2. The applicant who is the respondent in the petition, was employed for some time with the Maharashtra State Road Transport Corporation till his services were dismissed. Thereafter he challenged the dismissal order and the Labour 2 Court has directed that he be appointed as a fresh employee. The applicant has now retired after being appointed afresh in accordance with the order impugned in the writ petition. By the present civil application, the applicant seeks his retiral benefits. 3. In my opinion, the prayer made by the applicant must be granted as he would be entitled to these amounts even if he fails in the writ petition as he has admittedly worked after the impugned order was passed. Accordingly, the Maharashtra State Road Transport Corporation is directed to pay all the legal dues and benefits to the respondent workman to which he was entitled till his services were dismissed on 30.9.2001. They shall also pay all the legal dues including the retiral benefits, such as, gratuity, profident fund, etc. on account of his retirement from service on 28.2.2010. These payments shall be made by the Maharashtra State Road Transport Corporation since in any event the applicant would be entitled to these benefits. 4. The amounts shall be paid to the workman within two months from today. 5. The civil application stands disposed of accordingly. ..... 3 4