WP/9058/2010 : 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9058 OF 2010 Municipal Corporation of Greater Mumbai ... Petitioner V/s. Abdul Hamid Shaikh ... Respondent Mr.R.A. Thorat i/b R.A. Malandkar for Petitioner Mr.Prakash Devdas for Respondent CORAM: SMT.NISHITA MHATRE, J. DATED: DECEMBER 15, 2010 P.C.: 1. The petition has been preferred against the order passed by the Labour Court on 6.9.2010 by which the Labour Court has directed the Corporation to pay monetary benefits alongwith annual increments to the respondent workman w.e.f. 1.9.1995. 2. This order has been passed based on earlier orders passed by the Industrial Court in complaint (ULP) No.295 of 2000 on 17.2.2007 and by this Court in Writ Petition No.2533 of 2007 on 18.4.2007. 3. It appears from the earlier orders that the Labour Court has misconstrued the orders while passing the impugned order. By consent, therefore, para 6 of the impugned order of the Labour court is modified as under: WP/9058/2010 : 2 : “The Corporation shall on absorbing the respondent from September 1995 pursuant to the order of the Industrial Court fix the pay of the respondent notionally at Rs.3,480/-. Notional increments shall be given to the respondent thereafter till September, 1999 after which he shall be paid monetary benefits to the extent of 50% as directed by this Court in its order passed in Writ Petition No.2533 of 2007”. 4. The Corporation has already stated in para 8 of this petition that the respondent has been paid full benefits for the days that he actually worked after 1999 till 2007. 5. Writ Petition is disposed of accordingly.