Megha 38_wp_5656_2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5656 OF 2026 M/s. Balaji Industrial Security Agency and Anr. ...Petitioners V/s. Jagdish Bholanath Gupta ...Respondent ________________ Mr. Prithvi Raj Singh for the Petitioners. Mr. Sanjay Kharat i/b. Ms. Megha Keluskar for Respondent No.2. ________________ CORAM: SANDEEP V. MARNE, J. DATED: 20 AUGUST 2026. P.C.: 1) By this Petition, Petitioner-employer has challenged order dated 1 December 2025 passed by the Presiding Officer, fourth Labour Court, Mumbai, allowing Application (IDA) No.148 of 2018 filed by the Respondent under Section 33-C(2) of the Industrial Disputes Act, 1947. 2) I have heard Mr. Singh, the learned counsel appearing for the Petitioners, Mr.Kharat, the learned counsel appearing for Respondent No.2 and have considered the submissions canvassed by them. I have also gone through the findings recorded by the Labour Court and also perused the records of the case filed alongwith the Petition. Page No. 1 of 3 20 August 2026 2026:BHC-AS:34673 Megha 38_wp_5656_2026 3) It appears that the Respondent demanded leave wages of Rs.58,153/- for 84 days. Apart from the fact that there is absolutely no evidence of leave of 84 days being balance in the leave account, there appears to be a statutory limit of 45 days for accumulation of leave under Section 18(5) of the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017. Under Section 18(5) of the Act, every worker is permitted to accumulate earned leave upto maximum 45 days. Therefore, the claim for leave wages is required to be capped at 45 days, which approximately comes to Rs.30,000/-. 4) The Labour Court has also awarded bonus for the years 2014-15 (Rs.9,000/-), 2015-16 (Rs.18,000/-). However, there is great deal of dispute between the parties about the date on which service of the Respondent commenced. Salary was paid to the Respondent through cheque only from 1 October 2016. On the basis of an I-card allegedly issued on 20 August 2015, the Labour Court has presumed that the Respondent has commenced service on 30 September 2014. Since the period of service from 2014 to 2016 is disputed, it would not be appropriate to award the claim for bonus for the years 2014-15 and 2015-16. Even otherwise, the Respondent never claimed bonus for the said years while he was in service. It is directly by letter dated 23 October 2018 that the Respondent claimed bonus for the years 2014-15 and 2015- 16. In my view, therefore amount of Rs.27,000/- deserves to be deducted towards bonus for the years 2014-15 and 2015-16. Page No. 2 of 3 20 August 2026 Megha 38_wp_5656_2026 5) So far as rest of the amounts are concerned, the same can be retained since same relate to earned wages for August-2018 (Rs.18,000), bonus for the years 2016-17(Rs.18,000/-) and 2017-18 (Rs.6,000/-). 6) Accordingly, total entitlement of the Respondent would only be Rs. 72,000/- (Rs.30,000+18,000+18,000+6,000). 7) Accordingly, the order passed by the Labour Court dated 1 December 2025 is modified by directing the Petitioner to pay an amount of Rs.72,000/- alongwith interest @6% per annum from the date of application till realisation of the amount. The resultant amount shall be paid to the Respondent within a period of six weeks. 8) Writ Petition is accordingly partly allowed and disposed of. [SANDEEP V. MARNE, J.] Page No. 3 of 3 20 August 2026 Signed by: Megha S. Parab Designation: PA To Honourable Judge Date: 21/08/2026 20:38:20