=1= IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION APPEAL APPEAL APPEAL NO.1126 NO.1126 NO.1126 OF 2002 OF 2002 OF 2002 IN IN IN WRIT WRIT WRIT PETITION PETITION PETITION NO.585 OF 1999 NO.585 OF 1999 NO.585 OF 1999 Rampal Singh ...Appellant v/s Union of India and others ...Respondents WITH WITH WITH APPEAL APPEAL APPEAL NO.1127 OF 2002 NO.1127 OF 2002 NO.1127 OF 2002 IN IN IN WRIT WRIT WRIT PETITION NO.583 OF 1999 PETITION NO.583 OF 1999 PETITION NO.583 OF 1999 Shridhar R. ...Appellant v/s Union of India and ors. ...Respondents WITH WITH WITH APPEAL APPEAL APPEAL NO.1128 OF 2002 NO.1128 OF 2002 NO.1128 OF 2002 IN IN IN WRIT WRIT WRIT PETITION NO.669 OF 1999 PETITION NO.669 OF 1999 PETITION NO.669 OF 1999 =2= Vikas Ramlal ...Appellant v/s Union of India and others ...Respondents Mr C.U. Singh with Mr Shaikh i/b Mr M.B. Anchan for Appellants. Mr Suresh Kumar for Respondent No.1. CORAM CORAM CORAM : D.K. DESHMUKH AND A.A. SAYED JJ. : D.K. DESHMUKH AND A.A. SAYED JJ. : D.K. DESHMUKH AND A.A. SAYED JJ. DATE DATE DATE : 5TH JANUARY 2009 5TH JANUARY 2009 5TH JANUARY 2009 P.C.- 1. All the three appeals are directed against the common order dated 18th July 2002 passed by the learned Single Judge of this Court in writ petition Nos.585 of 1999, 583 of 1999 and 669 of 1999. It is common ground that all the three petitions were filed by the present respondent - Union of India challenging the order made by the Labour Court under section 33(C)(2) of the Industrial Disputes Act 1947 directing the Railways to make payment to the workmen who had filed application for overtime for various periods. The learned Single Judge, by the impugned order, has set aside the order passed by the Labour Court, he has also not remanded the =3= proceedings back to the Labour Court. 2. We have heard learned counsel for both the sides. We find from the order of the learned Single Judge that in writ petition No.585 of 1995 admittedly Vakalatnama was filed on behalf of the respondent Nos.1, 3 to 14, 17 to 19 and 22 and the lawyer appearing in that matter informed the Court that he cannot file Vakalatnama on behalf of remaining respondents - workmen because those workmen have expired, still the learned Single Judge has set aside the order passed by the Labour Court in their favour. So far as writ petition No.583 of 1999 is concerned, the lawyer has filed Vakalatnama for respondent Nos.1, 4 to 13, 15, 16 and 18 and no Vakalatnama was filed on behalf of other respondents - workmen because the lawyer informed that he does not know anything about their existence, still the learned Single Judge set aside the order passed by the Labour Court in their favour. So far as writ petition No.669 of 1999 is concerned, the lawyer had filed Vakalatnama only on behalf of respondent Nos.2 and 3. The lawyer told the Court that he could not file Vakalatnama for other respondents because they are either retired or expired, still the Court proceeded to set aside the order passed in favour of those workmen who were not represented. In our opinion, the procedure followed by the learned Single Judge cannot be said to =4= be procedure in accordance with law and setting aside the order passed by the Labour Court also against the respondents who were not represented before the Court and were not served with the notice by the Court is highly objectionable and the learned Single Judge could not have made the order that he has made in this situation. In our opinion, this reason is enough for setting aside the order of the learned Single Judge. It is an admitted position that though the Labour Court has passed the order for payment of overtime to the workers, it is also an admitted position that in relation to some workers, for different periods, similar orders were made and they have been upheld. In this case, no payment has been made. It is also apparent that the petitions relate to the years 1995 and 1999 and the respondents in those petitions are not served. Taking overall view of the matter therefore, following order would meet the ends of justice. 3. The order dated 18th July 2002 passed by the learned Single Judge in writ petition Nos.583 of 1999, 585 of 1995 and 669 of 1999 is set aside. Those petitions are remanded back to the learned Single Judge for hearing and final disposal again in accordance with law. 4. Within a period of two weeks from today, the =5= appellants shall supply to the respondent - Union of India through their Advocate the calculations of overtime wages that the respondents are liable to pay pursuant to the order of the Labour Court impugned in the petitions and within a period of ten weeks of receiving the calculations subject to their right to challenge the correctness of calculations, the respondent - Union of India shall deposit that amount in this Court with due intimation to the Advocate appearing for appellants. The said amount be deposited in a nationalised bank in fixed deposit for appropriate period. In case the amount is not deposited within the aforesaid period, all the three appeals shall stand dismissed automatically without any further reference to the Court. Within a period of sixteen weeks from the date of deposit of the amount, the respondents shall complete service of rule nisi in all the appeals on all the respondents in the writ petitions, if necessary by bringing on record legal representatives of the deceased appellants. In case the respondents do not complete service of notice on unserved parties within a period of sixteen weeks from the date of deposit of the amount, all the three appeals shall stand dismissed without any further reference to the Court with liberty to the appellants to apply to the Court for appropriate order in relation to the amout that may be deposited. =6= . Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of the Court. . Certified copy is expedited. ( D.K. DESHMUKH J.) ( A.A. SAYED J.)