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Bombay High Court

THE CHIEF EXECUTIVE OFFICER AAREY MILK COLONYversusSANGEETA BHIMNATH SURVE

Decided
Disposal
Disposed Off

Holding

The order granting interim pension is set aside as the respondent's regularisation status remains unsettled, and the matter must be decided on its merits by the Industrial Court.

Summary

The petitioners challenged an order of the Industrial Court dated 31 October 2025 that granted the respondent interim pension pending a complaint. The core dispute was whether the respondent, a 73‑year‑old employee, had ever been regularised for purposes of pension entitlement. The High Court noted that the earlier judgment awarding a lump‑sum compensation did not resolve the regularisation issue. Consequently, the Court set aside the interim pension order and directed the Industrial Court to expedite a final hearing of the underlying complaint, without being influenced by the High Court’s observations. All substantive contentions were left open for determination, and the writ petition was allowed.

Issues considered

  • Whether the respondent was regularised in service for the purpose of drawing pension and pensionary benefits
  • Whether the Industrial Court’s interim order granting provisional pension should stand pending final determination of the complaint

Subjects

  • pension
  • regularisation
  • industrial court
  • interim relief
  • writ petition
  • employment law
  • senior citizen
  • compensation

Judgment

2026:BHC-AS:34666

              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
                          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.
Signed by: Megha S. Parab
                                                                       Page No.2 of 2
Designation: PA To Honourable Judge                                   20 August 2026
Date: 21/08/2026 20:30:36


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