All India Schedule ... vs Chief Managing Director And 4 Ors
2016 Latest Caselaw 6426 Bom

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                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                         
                              NAGPUR BENCH : NAGPUR




                                                                 
                                WRIT PETITION NO.80  OF  2007


    All India Schedule Caste/Schedule 




                                                                
    Tribe & Backward Classes Employees
    Coordination Council, 309, 
    Bipin Bihjari Ganguli Street, 
    Calcutta, Branch at Western Coal Field
    Limited, Nagpur, Registration 




                                                          
    No. S-2/963, through its Vice President
    Umakant Gajanan Patil, aged about 
                                  
    45 years, occupation : Assistant 
    Engineer, Umred Area, Taluka : Umred,
    District Nagpur.                                           ...            Petitioner 
                                 
                     - Versus -
    1)      Chief Managing Director, Western
            Coal Field, Coal Estate, 
            Civil Lines, Nagpur. 
      


    2)      Chief General Manager, Umred Area,
   



            Western Coal Field Limited, 
            Civil Lines, Nagpur. 

    3)      Sub-Area Manager, Western





            Coal Field Limited, Umred,
            Sub Area, Umred,  Taluka,
            Umred, District Nagpur.

    4)      Sub-Area Manager, Makardhokada
            Mines, Taluka : Umred, District :





            Nagpur. 

    5)      Sub Area Manager, Murpar,
            Taluq : Chimur, District Chandrapur.               ...              Respondents 
                                       -----------------
    None for the petitioner. 
    None for the respondents.   
                                       ___________




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                                               CORAM :   SMT. VASANTI A  NAIK AND 




                                                                                           
                                                          KUM. INDIRA JAIN, JJ.

DATED : OCTOBER 27, 2016

ORAL JUDGMENT (PER SMT. VASANTI A NAIK , J.) :

By this writ petition, the petitioner has sought a direction

against the respondents to refund the amount of wages (one day's salary)

that was deducted due to the festival, without the consent of the

employees concerned.

Without going into the correctness or otherwise of the action

on the part of the respondents, it would be necessary to dispose of the writ

petition as nearly 10 years have lapsed from the date of deduction of one

day's salary from the salary of the employees. The amount, which the

employees would have been required to pay as one day's salary, must not

be substantial. There is no stay operating in the matter. It is also not

known whether the respondents had decided to repay the deducted salary

to the members of the petitioner Council. Since the amount that was

deducted is less, it would not be proper to decide the issue involved in this

writ petition, more so when the parties are not represented in the Court

today.

Hence, by keeping the issue involved in the writ petition open,

we dispose of the writ petition with no order as to costs.

                       JUDGE                                                           JUDGE

    khj