: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.7 OF 2009 IN CONTEMPT PETITION NO.221 OF 2007 Gherade B. Pandurang & Ors. ....Petitioners V/s. Sunita B. Patil & Ors. ....Respondents WITH CIVIL APPLICATION NO.48 OF 2008 IN CONTEMPT PETITION NO.221 OF 2007 Jyoti S. Salve & Ors. ....Petitioners V/s. Sunita B. Patil & Ors. ....Respondents WITH CIVIL APPLICATION NO.24 OF 2008 AND CIVIL APPLICATION NO.25 OF 2008 IN CONTEMPT PETITION NO.221 OF 2007 Sunita B. Patil ....Petitioner V/s. Shivajirao B. Salve & Ors. ....Respondents WITH CONTEMPT PETITION NO.221 OF 2007 Sunita B. Patil ....Petitioner V/s. Shivajirao B. Salve & Ors. ....Respondents : 2 : Mr.Alok Gupta i/b Mr.Mihir Desai for the Petitioner and for Applicant in C.A. Nos.24 and 25 of 2008. Mr.N.R. Bubna for the Applicant in C.A. Nos.7 of 2009 and 48 of 2009. Mr.A.L. Gore for Respondent No.1. Mr.Shaikh Nasir Masih for Respondent Nos.2 and 5. CORAM : S.J. VAZIFDAR, J. DATED : 4TH APRIL, 2009. P.C. : 1. These Civil Applications have been taken out by eight employees and five employees respectively seeking a modification of an order dated 4.7.2008 in Civil Application Nos.24 of 2008 and 25 of 2008 in Contempt Petition No.221 of 2007. 2. The order does not require any clarification. I however, will treat this as an application for modification of the order. The Applicants are justified in seeking modification. The order was passed to protect the interests of the Applicant in the said Civil Application Nos.24 of 2008 and 25 of 2008 who had been ordered by the School Tribunal to be reinstated with back wages. This order has not been complied with to date. Even today, the management refuses to comply with the order stating that it has filed a Writ Petition and therefore, is not bound to do so. This Writ Petition, it is stated, is filed : 3 : against the final order which has now been passed. The management refuses to do so despite having been informed of the correct legal position that it is bound to implement the earlier orders of reinstatement and back wages even though it was an interim order. The consequences of this defiance will be dealt with at the hearing of the Contempt Petition. 3. However, the Applicants in the present Civil Applications ought not to be prejudiced by the same. They have admittedly been working during this period. They ought not to be prejudiced by the disputes between the Petitioner in the Contempt Petition and the management. 4. In the circumstances, the order dated 4.7.2008 is modified by permitting Respondent No.3 to release the salary grant in respect of the employees presently on the rolls of the management. No further employees however shall be engaged by the management till further orders. 5. Mr.Gore, the learned counsel appearing on behalf of Respondent No.1 has tendered a letter dated 4.4.2009 on the letterhead of Respondent No.1 disclosing the names of nine trustees who manage Respondent No.1. The letter is taken on record and : 4 : marked "X". They are impleaded as Respondent Nos.7 to 15 in the Contempt Petition. Office to issue notices to newly added Respondent Nos.7 to 15 to show cause why action should not be taken against them for contempt. Respondent Nos.1, and the newly added Respondent Nos.7 to 15 shall on or before 15.4.2009 disclose on affidavit all their assets as well as the assets of the trust moveable and immovable. Till further orders, Respondent No.1 and the newly added Respondent Nos.7 to 15 shall not dispose of, alienate, encumber, part with possession of or create any third party right, title and/or interest in respect of their properties. 6. Respondent No.3 to the Contempt Petition is ordered and directed to consider the conduct of Respondent Nos.1, 2 and the newly added Respondents to take action in accordance with law including the judgment of this Court. 7. The above Civil Applications are accordingly disposed of. The Contempt Petition is adjourned to 22.4.2009. 8. The personal attendance of Respondent No.2 is dispensed with till further orders in view of the statement that he is undergoing treatment.