- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1760 OF 2002 ... Kamgar Kranti Union & ors. ...Petitioners v/s. The Municipal Corporation of City of Solapur & Ors. ...Respondents AND WRIT PETITION NO.1885 OF 2002 ... Dr.Babasaheb Ambedkar Karmachari Sanghatana Solapur ...Petitioners v/s. The Commissioner, Solapur Mun. Corporation, Solapur & Anr. ...Respondents - 2 - ... Mr.S.M.Kulkarni for the Petitioners. Mr.Nitin Jamdar for Respondent No.1. Ms.S.S.Bhende, AGP for State. ... CORAM: D.K.DESHMUKH & V.M.KANADE, JJ. DATED: 5TH MARCH, 2008 P.C.: 1. By these petitions the Petitioners which are Associations of Employees of the Respondent No.1- Corporation challenge the decision of the State Government contained in Resolution dated 17-11-2001, therefore, both these petitions can be conveniently disposed of by a common order. 2. That decision is in two parts. By one part the Government approved the decision of the Corporation to extend the scales recommended by the 5th Pay Commission to the employees of the Corporation with effect from 1-1-1996. - 3 - . The second part of the decision is that though the scales are being made applicable from 1-1-1996, the employees would not be entitled to the arrears. 3. The State Government has filed an affidavit in this petition by one Mr.P.M.Malwadkar, Deputy Secretary, dated 6th September, 2004. In that affidavit it is clarified that the Government decided that the employees would not be entitled to arrears because of stringent financial condition of the Corporation. 4. We have heard the learned Counsel for the Petitioners. He is not in a position to point out that the reasons given by the State Government that the employees cannot be given arrears of pay scale, because of the stringent financial condition of the Corporation is either nonexistent or incorrect. In our opinion, as the Corporation financially was not at all in a position to pay the arrears, the State Government was justified in directing the Corporation not to pay the arrears, otherwise it would have affected adversely the interest of the general public. The learned Counsel appearing for the - 4 - Petitioners submits that, according to him, now the financial position of the Corporation has improved. But before us there is no material placed in support of that claim nor do we propose to hold inquiry into that aspect of the matter, because it will be investigation into fact. In our opinion, therefore, following order would meet the ends of justice. O R D E R (i) Petitions are disposed of. Rule is discharged with no order as to costs. However, the Petitioners shall be at liberty to make a representation to the Corporation with relevant documents to show that the financial position of the Corporation has improved and that the Corporation is now in a position to pay the arrears of salary from 1-1-1996. (ii) In case such a representation is made, the Corporation shall consider it in accordance with law and pass appropriate orders thereon. (D.K.DESHMUKH, J.) - 5 - (V.M.KANADE, J.)