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2025 DAILYLAW 66889 (BOM)

NANDED WAGHALA CITY MUNICIPAL CORPORATION THROUGH ITS COMMISSIONER v. POCHIRAM VITHALRAO WAGHMARE

WP/13938/2025 · 2025-11-24

Shri Arun R Pedneker

body2025

Judgment text

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1 13938.25WP IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 26 WRIT PETITION NO. 13938 OF 2025 NANDED WAGHALA CITY MUNICIPAL CORPORATION THROUGH ITS COMMISSIONER VERSUS POCHIRAM VITHALRAO WAGHMARE ... Advocate for the Petitioner : Mr.S.K.Mulla h/f. Mr.R.K.Ingole … CORAM : ARUN R. PEDNEKER, J. DATE : 24.11.2025 P.C. : 1] By the present Writ Petition, the petitioner challenges the order dated 24.01.2025 passed by the Industrial Court, Jalna, allowing the complaint filed by the respondent - employee thereby directing the petitioner herein to pay Rs.79,500/- to the respondent-complainant along with interest @ 6% p.a. 2] The learned counsel for the petitioner submits that the respondent–employee had joined the duty of the present petitioner on 10.11.2006 for monthly honorarium 2025:BHC-AUG:32719 2 13938.25WP of Rs.3000/-. Thereafter, by order dated 18.12.2007, the present petitioner has increased the remuneration from Rs.3,000/- to 3500/- and since then the present petitioner has paid all the remunerations to the respondent-employee. He further submits that the directions given to pay the remunerations at the rate of Rs.5,000/- is erroneous and the same is liable to be set aside. 3] However, the Industrial Court has held that Resolution No. 65 dated 08.06.2007 passed by the Standing Committee of the Corporation indicates that the Corporation had increased remunerations of Rs.5000/- to the employee and the said Resolution is binding on the Corporation although employee accepted employment at the rate of Rs.3,000/- and Rs.3,500/-. The petitioner has not disputed the resolution passed. However, the petitioner submits that the petitioner has not acted upon the resolution. Respondent employee is entitled to remuneration in terms of the resolution as the same was not recalled. Considering the same, I see no error in the 3 13938.25WP impugned order dated 24.01.2025 passed by the Industrial Court, Jalna. Hence, the Writ Petition is dismissed. [ARUN R. PEDNEKER] JUDGE DDC