1 wp-1439-11.sxw mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1439 OF 2011 The Chief Executive Officer Zilla Parishad Pune ..Petitioners Vs. Baban Jayram Lawate ..Respondent WITH WRIT PETITION NO.1437 OF 2011 The Chief Executive Officer Zilla Parishad Pune ..Petitioners Vs. Dattu Maruti Nanaware ..Respondent WITH WRIT PETITION NO.1444 OF 2011 The Chief Executive Officer Zilla Parishad Pune ..Petitioners Vs. Tanaji Somnath Vyavahare ..Respondent WITH WRIT PETITION NO.1442 OF 2011 The Chief Executive Officer Zilla Parishad Pune ..Petitioners Vs. Gafur Rajubhai Mulani ..Respondent WITH WRIT PETITION NO.1440 OF 2011 The Chief Executive Officer Zilla Parishad Pune ..Petitioners Vs. Gautam Govind Chandanshive ..Respondent WITH WRIT PETITION NO.1443 OF 2011 The Chief Executive Officer Zilla Parishad Pune ..Petitioners Vs. Dastagir Rajubhai Mulani ..Respondent 2 wp-1439-11.sxw Mr. Sanjeev J. Rairkar for the Petitioners CORAM:- R.Y.GANOO, J DATED :- JULY 5, 2011. P.C. 1 Heard the Learned Counsel for the Petitioners. 2 These Petitions involve a common point hence they are being disposed of by this common order. 3 Each of the Respondent in the present petitions was in the employment of the Petitioners and on account of the earlier proceedings the Petitioners were directed to reinstate each of the Respondent and pay wages w.e.f. date of the Award by which reinstatement was ordered. According to each of the Respondent the said Order was not complied with and that is how each of the Respondent was required to file an Application before the Labour Court for enforcement of the said Award. Accordingly each of the Respondent filed applications being Nos.11 to 16 of 2007. Those applications came for consideration and decision before the Learned Judge, Second Labour Court, Pune. A reading of the impugned order dated 17-6-2010, will show that the evidence was recorded before the Learned Second Labour Court, Pune and that the Learned Judge gave a finding that the monies are required to be paid to each of the Respondent and he granted the said application and in each case he passed separate order dated 17-6-2010. The operative part of the said order dated 17-6-2010 is as follows: 3 wp-1439-11.sxw 1. Applications are hereby allowed. 2. The opponent is hereby directed to pay due amount with interest @ 6% from the date of application i.e. 01-02-2007 till realization of the entire amount to the applicants provided applicants furnishing the details thereof and after verification of the same. 3. The opponent also pay costs of Rs.1000/- to the applicants 4. The original judgment and order be kept in App. (IDA) No.11/2007 and copy of the same be kept in remaining applications i.e. App. (IDA) No.12 to 16/2007. 4 Being aggrieved by the order dated 17-6-2010, the Petitioners have approaced this Court. Though notice were issued against the each of the Respondent nobody appeared before this Court. 5 The Learned Counsel Mr. Rairkar appearing on behalf of the Petitioners contended that the impugned order does not quantify the amount to be paid to each of the Respondent and on what amount the interest is required to be paid. According to him the impugned order cannot be implemented on account of the nature of the order which is passed and that is how the Petitioners have challenged this order. 6 After having considered the impugned order dated 17-6-2010 one thing is clear that each of the Respondent is entitled to get the benefit of the Award by which they were entitled for reinstatement as well as wages from 1-2-2007. The exact amount to be paid to each Respondent is not mentioned in the order. The Court has not been able to quantify the principal amount payable 4 wp-1439-11.sxw to each of the Respondent, as the material placed before the Court was not sufficient. In the absence of specific figure in the operative order, the said order cannot be implemented. 7 In my view, it was necessary for the Learned labour Judge to ascertain on the basis of the record amount payable or he could have called for additional material from the parties who were before the Court. In the circumstances mentioned aforesaid, the impugned order is required to be set aside. The matter is required to be remanded back to the Learned Labour Judge who shall give one more opportunity to the parties to place before the Court the relevant data and thereafter he would appreciate material before him and pass speaking order mentioning therein precise amount which should be paid to each of the Respondent as also the amount on which the interest should be paid to each of Respondent. 8 In view of the above, the following order is passed to disposed of these petitions. (i) The impugned order dated 17-6-2010 passed by the Learned Judge, Second Labour Court, Pune, is set aside. (ii)The Learned Judge, Second Labour Court, Pune shall issue notice to both the sides and call upon them to produce before him proper material so as to quantify the amount payable to each of the Respondent. For that if evidence is required to be recorded, the learned Judge would do so. After collecting necessary material, the Learned Judge, Second Labour Court, Pune shall pass appropriate order on merits on the application filed by 5 wp-1439-11.sxw each of the Respondent. (iii)Looking to the facts and circumstances of the case, the Learned Judge, Second Labour Court, Pune shall pass orders as expeditiously as possible. The Petitioners shall present authenticated copy of this order before the Learned Judge, Second Labour Court, Pune, within 15 days from the receipt thereof, the Court shall steps as per this order. (R.Y.GANOO, J.)