1 WP 8228.2011 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 8228 OF 2011 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders ................................ CORAM : S.V.GANGAPURWALA, J. DATE : 30/11/2011. Mr. G.D.Kale, Advocate for the petitioner. ............................. PER COURT : 1. Heard the learned counsel for the petitioner. 2. The petitioner impugns the order passed by the Industrial Court directing the petitioner to pay suspension allowance as per the service rules within one ( 1 ) month from the said order. 3. The present respondent had filed Complaint before the Industrial Court seeking reinstatement and payment of suspension allowance. The said Complaint is partly allowed to the extent of payment of suspension allowance. 2 WP 8228.2011 4. Mr. Kale, the learned counsel for the petitioner submits that the Industrial Court could not have passed the order directing the petitioner to pay suspension allowance in view of the fact that the respondent has indulged in mis-appropriation of the amount and the petitioner has to recover the amount from the respondent. 5. It is not disputed that the petitioner has not paid the suspension allowance as per the rules. Only 60 % of the said amount is paid. The Industrial Court has not quantified the amount but has passed declaratory order and directed to pay suspension allowance as per the service rules. The said directions are not against any statute but are in conformity with the service rules. 6. In light of that, no error can be found in the order of the Industrial Court. 7. The Writ Petition as such is dismissed. No costs. [ S.V. GANGAPURWALA,J. ] KNP/WP 8228.2011