-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 CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.6525 OF 2007 NO.6525 OF 2007 NO.6525 OF 2007 Shri Arun Sitaram Sankhe ...Petitioner v/s The Railway Goods Clearing and Forwarding Establishments Labour Board for Greater Bombay and ors. ...Respondents Mr V.A. Gangal for Petitioner. Ms Lata Desai i/b Ms Pallavi Divekar for Respondent No.1. Mr A.M. Palekar, AGP for Respondent No.2. CORAM : D.K. DESHMUKH AND V.M. KANADE JJ. DATE : 21ST JANUARY 2008. -2- P.C. :- 1. By consent of the parties, petition is disposed off in following terms. 2. So far as the difference in the amount of subsistence allowance (petitioner is being paid as per 4th Pay Commission, he is now to be paid as per 5th Pay Commission) shall be paid by the Board to the petitioner within a period of four weeks from today. 3. A final decision in relation to the departmental enquiry and payment of subsistence allowance to the petitioner during suspension shall be taken by the Board to be constituted in accordance with law and in case the Board is constituted as per the statement of the State Government by the end of February 2008, within a period of four weeks from the date of constitution of the Board. In case the Board is not constituted as per the statement of the State Government by the end of February 2008, a final decision on the subject noted above shall be taken by the existing Board and communicate to the petitioner. If the petitioner is aggrieved by the decision, the petitioner shall be free to adopt remedy that may be available to him in -3- accordance with law. Petition is disposed off. . Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of the Court. . Certified copy expedited. ( D.K. DESHMUKH J.) ( V.M. KANADE J.)