1 27 D.B. CIVIL SPECIAL APPEAL (W) NO. 185/2010. Municipal Council, Bhilwara Vs. Pawan Kumar Ojha & Anr. ... Date of Order :: 7th April 2010. HON'BLE THE CHIEF JUSTICE MR. JAGDISH BHALLA HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr. M.S. Panwar for Mr. K.L. Thakur, for the appellant. Mr. Varun Goyal – Caveator. <><><> BY THE COURT: On 16.10.2008, the learned Single Judge of this Court dismissed the writ petition filed by the petitioner-appellant (CWP No. 1449/2008 : Municipal Council, Bhilwara Vs. Pawan Kumar Ojha & Anr.) with the following order:- “The learned Judge, Labour Court by the award impugned, while setting aside the retrenchment of the respondent workman, ordered for his reinstatement as daily rated employee from the date of his retrenchment with 20% of the applicable minimum wages. While assailing validity of the award impugned, the contention of the learned counsel for the petitioner is that the Labour Court erred while awarding 20% of the minimum of the pay scale. I have examined the award impugned. From perusal thereof, it is clear that as a matter of fact, the Labour Court nowhere allowed minimum of regular pay scale to the workman while setting aside his retrenchment. The direction given in the award is for making payment i.e. 20% of the minimum wages applicable. The minimum wages 2 and minimum of the pay scales are two different things. The employer in the present matter is required to pay 20% of minimum wages and not of the minimum of the pay scale. In view of it, I do not find any force in the contention so advanced. In view of whatever discussed above, I do not find any merit in this petition for writ, same, therefore, is dismissed.” Against the order aforesaid, the petitioner-appellant has preferred this intra-court appeal; however, the learned counsel appearing for the appellant candidly concedes that the issue involved in this matter stands decided against the appellant in view of the order dated 01.12.2009 as passed by this Court in a batch of appeals led by D.B. Civil Special Appeal (W) No. 11/2009 (The Municipal Council, Bhilwara Vs. Jheerudin Qaji & Anr.). In the light of the above and following the decision aforesaid as rendered in similar appeals, this appeal fails and is, therefore, dismissed. (DINESH MAHESHWARI),J. (JAGDISH BHALLA),CJ. Mohan/ 3 , decided on 01.12.2009 wherein this Court said,- “We further find that the appellant has faild to demonstrate the financial condition of the appellant Municipality. On the other hand, the respondent has placed before this Court the document whereby certain funds have been given to three parties to the extent of Rs. 20 lacs, 24 lacs and 10 lacs respectively. So, it cannot be said that the financial position of the Municipality is not sound. We would like to clarify that the question of working for less than 240 days by the workman is concerned, it is only in D.B. Civil Special Appeal (w) No. 11/2009 (Municipal Council, Bhilwara Vs. Jaheerudin Qaji & Ors.) and in rest of the cases, it is admitted case of the parties that the workmen had worked for more than 240 days. It has also been brought to our knowledge by the counsel for the respondent that inspite of the award and dismissal of the writ petition, workmen have not been reinstated till date, though there are certain directions of the State Government as well to reinstate 12 persons by the order dated 30.10.2009. We find that only one question was raised by the appellant before the learned Single Judge which has been decided under challenge. The only challenge is that the appellant can raise new grounds even at the appellate stage, which has already been discussed hereinabove. Accordingly, these appeals fail and dismissed. Before we part, we would like to indicate that in D.B. Civil Special Appeal (w) No. 10/09 (Municipal Council, Bhilwara Vs. Pawan Kumar Sharma & Anr.), though the workman is working, back wages has been paid to him, therefore, we direct that the workman would not be entitled for the back wages. In light of the above, no further interference is warranted under these appeals.”