Bombay High Court
The Superintending Engineer Ehv O ... vs Vijay Gangadhar Karadwar on 11 July, 2016
Bench: Z.A. Haq
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.1512/2016
1. The Superintending Engineer
EHV O & M Circle, MSETCL,
Old Power House Premises
Near Duffrin Hospital Road,
Amravati - 444 601.
2. The Executive Engineer
EHV O & M Division, MSETCL,
Old Power House Premises
Near Duffrin Hospital Road,
Amravati - 444 601. ..Petitioners.
..VS..
Vijay Gangadhar Karadwar,
220 KV Sub-station Colony Pusad,
Yavatmal, Distt. Yavatmal. ..Respondent.
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Shri D.M. Kale, Advocate for the petitioners.
Shri S.M. Vaishnav, Advocate for the respondent.
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CORAM : Z.A.HAQ, J.
DATED : 11.7.2016.
ORAL JUDGMENT
1. Heard Shri D.M. Kale, Advocate for the petitioners - employer and Shri
S.M. Vaishnav, Advocate for the respondent.
2. Rule. Rule made returnable forthwith.
3. The employee has filed complaint under Section 28 read with Item 9 of
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Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair
Labour Practices Act, 1971 (for short "Act of 1971") praying that the employer be
directed to restore the benefit of higher pay-scale which was granted to the employee
till 2015. The employee filed an application under Section 30(2) of the Act of 1971
praying for interim relief. The employee sought directions to the employer to restore
the benefit of higher pay-scale and for counting the period for which the employee
has worked on nominal muster roll for the purposes of seniority and benefit of higher
pay-scale. The Industrial Court, by the impugned order, granted interim relief in
favour of the employee directing the employer to restore the benefits of higher
pay-scale to the employee. The employer being aggrieved by this order, has filed this
writ petition.
In similar matters, the employer had filed Writ Petition No.259/2016 and
connected matters which are disposed by judgment dated 11 th April, 2016. The
Industrial Court had granted interim relief in favour of the employees who were
parties in Writ Petition No.259/2016 and the interim order was challenged before
this Court. This Court had stayed the effect and operation of the order passed by the
Industrial Court and while disposing the Writ Petition No.259/2016 and other
connected matters the interim order granted by this Court on 27 th January, 2016
staying the effect, operation and execution of interim order passed by the Industrial
Court is continued. The effect is that the interim order granted by the Industrial
Court in similar matters has been stayed by this Court till the disposal of the
complaint before the Industrial Court.
I find that the interim relief granted by the Industrial Court is the final
relief sought by the employee. Moreover, it is the case of grant of monetary benefits
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and if the employee succeeds, he will get the benefit claimed by him.
I see no reason to take any other view than the one taken in Writ Petition
No.259/2016 and other connected matters.
4. Hence, the following order:
(i) The impugned order is set aside.
(ii) The application filed by the employee under Section 30(2) of the Act of
1971 is dismissed.
(iii)
The Industrial Court is directed to dispose the complaint filed by the
employee within three months.
(iv) It is clarified that the employer shall not recover the amount already paid
to the employee, till the final decision of the complaint pending before the Industrial
Court.
(v) Rule is made absolute in the above terms.
(vi) In the circumstances, the parties to bear their own costs.
JUDGE
Tambaskar.
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CERTIFICATE
"I certify that this Judgment/Order uploaded is a true and correct copy of original
signed Judgment order"
Uploaded by : N.V. Tambaskar. Uploaded On : 18.7.2016
Personal Assistant.
