THE GENERAL MANAGAR GREATER MUMBAI MILK SCHEME vs BHAKTI GAJANAN MASURKAR

Judgment text excerpt

WP.10651.2025.doc Ajay IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10651 OF 2025 The General Manager, Greater Mumbai Milk Scheme & Anr. .. Petitioners Versus Bhakti Gajanan Masurkar .. Respondent .................…  Ms. V.S. Nimbalkar, AGP for Petitioners – State  Mr. Shailesh S. Pathak, Advocate for Respondent ................... CORAM : MILIND N. JADHAV, J. Reserved on : AUGUST 21, 2025 Pronounced on : SEPTEMBER 03, 2025 JUDGEMENT: 1. Heard Ms. Nimbalkar, learned AGP for Petitioners – State and Mr. Pathak, learned Advocate for Respondent. 2. Present Writ Petition challenges order dated 28.03.2024 passed by Industrial Court, Mumbai in Complaint (ULP) No.11 of 2024. The order dated 28.03.2024 is appended below Exhibit 'A' at page no. - 14. 3. Briefly stated, Petitioners run and maintain distribution of milk throughout Greater Mumbai and its suburbs. Petitioner No. 1 controls activities carried on by Government of Maharashtra under the Greater Mumbai Milk Scheme, Worli and Petitioner No. 2 is responsible for its day to day activities at the Central Dairy, Goregaon East, Mumbai. Respondent was employed from 1985 in the Central 1 of 11 WP.10651.2025.doc Dairy until her retirement on 28.02.2019. Her last drawn salary was Rs.36,400/-. Respondent was allotted residential quarter at Aarey, Goregaon which was to be vacated within 3 months post retirement date, however during that time Respondent fell ill and shifted to Sindhudurg for treatment and did not return for the next few months. 3.1. In March 2020, Central and State Government declared lockdown on account of COVID-19 pandemic, restricting transport and other facilities. On 22.04.2022, Government Resolution was notified by the General Administration Department which stated t