Wp2881.09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 2881 OF 2009 Principal, Sainik School, Satara & Anr. ....Petitioners. Vs. Phool Singh ....Respondent. Mr. V.S. Gokhale i/by Mr. V.N. Shingnapurkar for the Petitioners. Mr. R.R. Galange for the Respondent. CORAM : ANOOP V. MOHTA, J. DATE : 17th March, 2010 P.C.: 1 On the complaint filed by the Respondent, the Industrial Court, Maharashtra, at Satara by order dated 29/12/2008, finally ordered as under:­ “i) The complaint is allowed partly. ii) It is declared that the Respondent is engaged in unfair labour practice under Items 9 & 10 of Schedule IV of M.R.T.U. and P.U.L.P. Act, and it is directed that the Respondent shall desist from the same. iii) The Complainant is entitled for the Pay­Scale 2650­65­3300­70­4000 from 6th July, 2001 onwards i.e. from date of his confirmation in the service as General Employee (Baker) iv) The Respondent is restrained from directing the Wp2881.09 2 Complainant to work in the horse­stable. v) Parties to bear their own costs.” 2 The Petitioner­Management, therefore, moved the present Writ Petition on various grounds. However, pending the admission of the Writ Petition, the Petitioner­Management informed the Complainant­Respondent to re­join the duties on 15th December, 2009 as a General Employee and permitted him to perform his duties in Cadets’ Mess like any other general employee of unskilled nature. His entitlement is for a consolidated pay of Rs.8,300/­ (Rupees Eight Thousand Three hundred only) per month, which was worked out based upon the last salary drawn in old pay scale and its equivalent revision as per 6th Pay Commission, applicable as on 15th December, 2009. This was without prejudice. The Respondent­ Original Complainant has no objection to this accordingly and also the duty as allotted. 3 He has no objection if this arrangement is continued in future also. Therefore, without going further into the merits of the matter and as the Petitioner­Management has complied with the basic order as recorded above, I am inclined to dispose this present Petition by following modification of the order that the Petitioner­Management shall provide the work to the Respondent like any other General employees of unskilled nature at cadets’ Mess during the period when bakery is not in operation. Wp2881.09 3 4 It is also made clear that during this period when the Respondent works in Mess like any other General Employee of unskilled nature, he is entitled for this consolidated pay­scales. 5 It is made clear that the Respondent is entitled for all the consequential benefits, arising out of the employment. No order as to costs. 6 The Petition is accordingly disposed of with liberty. (ANOOP V. MOHTA, J.)