Megha 48_wp_7907_2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7907 OF 2026 The Chief Executive Officer, Aarey Milk Colony, Goregaon (East) and Anr. ...Petitioners V/s. Sangeeta Bhimnath Surve ...Respondent ________________ Ms. V.S. Nimbalkar, AGP for the Petitioners. Mr. Shailesh K. More for the Respondent. ________________ CORAM: SANDEEP V. MARNE, J. DATED: 20 AUGUST 2026. P.C.: 1) Challenge in the Petition is to the order dated 31 October 2025 passed by the Industrial Court, Mumbai, on Application at Exhibit U-2 granting interim relief in favour of the Respondent by directing the Petitioner to pay to the Respondent provisional pension during pendency of the Complaint. 2) I have heard Ms. Nimbalkar, the learned AGP appearing for the Petitioner and Mr. More, the learned counsel appearing for the Respondent and have considered the submissions canvassed by them. Page No. 1 of 2 20 August 2026 2026:BHC-AS:34666 Megha 48_wp_7907_2026 3) As of now, there appears to be serious dispute as to whether the Respondent is regularised in service or not. Ms. Nimbalkar, the learned AGP appearing for the Petitioners-State relies on order passed by this Court in The Chief Executive Officer and Another V/s. Smt. Sangeeta Surve 1 , by which only lumpsum compensation of Rs.10,00,000/- is awarded in favour of the Respondent. 4) In my view, a deeper scrutiny would be required into the aspect as to whether the Respondent ever became regular employee for the purpose of drawal of pension and pensionary benefits. For that purpose, the Complaint needs to be taken up for final hearing. 5) In view of the above discussion, order dated 31 October 2025 is set aside. Instead, the Industrial Court is requested to expedite the decision on Complaint (ULP) No.109 of 2025. Considering the fact that the Respondent is at an advanced age of 73 years, the Industrial Court shall decide the Complaint expeditiously, preferably within a period of one year. The Complaint shall be decided uninfluenced by the observations made by this Court in the order. 6) All contentions of the parties on merits are expressly kept open. 7) Writ Petition is allowed in above terms. [SANDEEP V. MARNE, J.] 1 Writ Petition No.9257 of 2004 decided on 28 September 2017. Page No. 2 of 2 20 August 2026 Signed by: Megha S. Parab Designation: PA To Honourable Judge Date: 21/08/2026 20:30:36