Bombay High Court
Nanded Muncipal Council,Nanded vs Prabhakar Bajirao Joshi on 17 November, 2016
Bench: R.V. Ghuge
WP/884/1997
1
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 884 OF 1997
Nanded Municipal Council, Nanded,
through its Chief Officer. ...Petitioner
Versus
1. Shri Prabhakar S/o. Bajirao
Joshi and 64 others,
all r/o Near Old Water Tank,
Bus-Stand Road, Nanded,
Taluka and District Nanded.
(R. No. 1 died on 13/05/2013)
2. Vyankappa S/o. Rajappa
3. Ekbal Sulatan
4. Sayyad Mahamad Sayad Ahemad
5. Shankar Somaji Jamdade
6. Shankar S/o. Tukaram Jamdade
7. Narayan S/o. Datta Sontakke
8. Valmik S/o. Vithoba Bidkar
9. Ramkishan S/o. Pandurang Bramkar
10. Nagnath Malikarjun Nathani
11. Maroti S/o. Hashappa
12. Govind S/o. Namdeo Ghodke
13. Kerba S/o. Deoba Sonsale
14. Chandu S/o. Kishan Waghmare
15. Ashraf Alli S/o. Munar Alli
16. Shamrao S/o. Digambar Bhosikar
::: Uploaded on - 19/11/2016 ::: Downloaded on - 20/11/2016 01:00:57 :::
WP/884/1997
2
17. Nagnath S/o. Namdeo Panchal
18. Vasant Madhavrao Berlikar
19. Padmakar S/o. Vyankatrao Bhosle
20. Rajanna Durgayya
21. Sayyad Ahemad Sayyad Maddar
22. Shankar Maroti Talewar
23. Keshavrao Ganpatrao Pande
24. Elthaskhan Samsirkhan
25.
26.
Kiran Tukaram Shastri
Vishnupant Kashinath Yannawar,
27. Mahamad Khaja Abdul Rahim
28. Shaikh Mahemud Shaikh Haidar
29. Imankhan Rahimkhan
30. Ramu Karansingh
31. Shankar Anantrao
32. Mhebuballi Sadikhalli
33. Yadgir Lalayya
34. Shankar Babarao Pawade
35. Mahadu Kerba Lokhande
36. Bhivaji Mujanji
37. Namdeo Shripati
38. Pasha Mainoddin
39. Ashok Laxman Aatawale
40. Ratnakar Nagnathrao Uttarwar
::: Uploaded on - 19/11/2016 ::: Downloaded on - 20/11/2016 01:00:57 :::
WP/884/1997
3
41. Gangadhar Naganna Hippargekar
42. Baburao Gangadhar Hanwate
43. Gulam Dastagir
44. Anant Bhagwat Jagalpure
45. Safi Jabbar
46. Waman Sindhu Bhaure
47. Hari Bhujanga Gajbhare
48. Ganpat Jalba Bhure
49. Vishwanath Narhari Aatawale
50. Kashinath Jalabaji Godbole
51. Kishan Ramchandra Bhosle
52. Namdeo Chandu Done
53. Arjun Sambhaji Gaware
54. Dnyanoba Bhujanga Aatawale
55. Hushen Khan Rahim Khan
56. Milind Narayan Aatawale
57. Vijay Nathu Chaure
58. Datta Sopan Bhorge
59. Gangaram Vithal
60. Mahamad Hamid Mahamad Khaja
61. Sayed Babu Sayed Ahemed
62. Sattaji Maroti
63. Anant Narhari Aatawale
::: Uploaded on - 19/11/2016 ::: Downloaded on - 20/11/2016 01:00:57 :::
WP/884/1997
4
64. Vyankati Hari
65. Hushen Alli Sabet Alli
All are Major, Occu. Service,
R/o. Nanded. C/o. Shri. P.B. Joshi,
Near Old Water Tank, Nanded. ...Respondents.
...
Advocate for Petitioners : Shri M.D.Narwadkar
h/f Shri M.V.Deshpande
Advocate for Respondent 1 : Shri Parag Shahane
h/f Shri P.L.Shahane
Respondents 2, 10, 23, 26, 29 & 30 : Abated.
Respondents 3 to 9, 11, 12 to 21, 22, 24, 25, 27, 28,
31 to 34, 37 to 54, 55 to 65: Served
...
CORAM : RAVINDRA V. GHUGE, J.
Dated: November 17, 2016
...
ORAL JUDGMENT :-
1. The petitioner / municipal Council is aggrieved by the
judgment of the Industrial Court dated 19.11.1996, by which,
Complaint (ULP) No.278 of 1994 (Old No. 75 of 1990) was partly
allowed and the petitioner was directed to calculate the amount of
over time allowance / compensation, which may be due and payable
to the respondent / employees, whose names were mentioned in
Schedule "A" and make the payment on the basis of the actual days
on which the employees had worked on holidays and for extra time.
WP/884/1997
2. This Court had admitted this petition on 12.6.1998. By order
dated 7.12.2000, this Court recorded the statement of the petitioner
that the petitioner would comply with the impugned order of the
Industrial Court within three weeks and therefore, the Contempt
proceedings under Section 48(1) of the the Maharashtra Recognition
of Trade Unions and Prevention of Unfair Labour Practices Act, 1971
("the said Act ") initiated by the respondent / employees were
stayed for three weeks.
3.
The petitioner / Municipal Council has subsequently become
the Nanded Waghala City Municipal Corporation. Considering the
directions of this Court dated 7.12.2000, I do not find it appropriate
to cause any interference in this matter after the passage of 16
years. Similarly, I do not find any reason to interfere with the
impugned judgment in the light of the observations of the Industrial
Court in paragraph No.9 of the order which reads as under:-
"9. Coming to the question of granting monetary relief the
employees have filed their statements of claim along with the
complaint. These claims have neither been substantiated by
documentary proof about actual working by the employees on
either side, since the Council refused to produce log books
showing the actual working hours of the employees since 1983.
Further the employees have not shown at shat rate to
WP/884/1997
overtime has been claimed and for how many hours in the
month. Therefore, the proper course open to this Court is to
issue direction to the respondent No.2 to calculate over time
allowance and the amount of compensation due to the
employees working on national holidays etc. as per the
circulars issued by the State Government from time to time
and at prevailing rates applicable from time to time to the
employees working in the local body."
4.
Considering the above, this petition is disposed off. Rule is
discharged.
5. Needless to state, if the statement recorded by this Court on
7.12.2000 in terms of the order of the Industrial Court, has not been
complied with, the same shall be complied with within 12 weeks from
today and the petitioner shall pay interest at the rate of 3% per
annum on the amounts payable, if any, w.e.f. January 2001 till
actually paid.
( RAVINDRA V. GHUGE, J. )
...
akl/d
