1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Miss.Civil Application No.264 of 2006 in Writ Petition NO. 3117 OF 2005.(decided) (Dhamangaon Education Society .vs. Vijay Dadarao Tayade & others) _____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders CORAM : B. R. Gavai, J. DATED : March 07, 2008. This is an application for review of the order passed by this Court on 28th June, 2005. Vide the said order, this Court has dismissed the writ petition of the present petitioner challenging the order passed by the learned Industrial Court allowing the complaint of respondent No.1. The learned Industrial Court vide order impugned before this Court had directed that the pay scale of Laboratory Attendant will be made applicable to the respondent employee from 21/01/1983. Shri V.R.Mundra, learned counsel appearing on behalf of the petitioner submits that the appointment of petitioner on 19/1/1983 was to the post of 'Peon' . It is submitted that it is only on 20/7/1984 the present respondent came to be appointed as Laboratory Attendant. He, therefore, submits that this fact has not been noticed by this Court while passing the order under review. He, therefore, submits that it is necessary in the 2 interest of justice that the order of this Court, is reviewed. The Joint Director of Education has also filed an affidavit on record. From the perusal of affidavit on record, it will be clear that the respondent employee has in fact been appointed as Laboratory Attendant with effect from 20/7/1984 and that the approval to the said appointment has been granted by the Joint Director of Education with effect from said date. It has also been stated that the revised pay scale was made applicable to the respondent No.1 w.e.f. 20/7/1984. Taking into consideration these aspects, I find that the petitioner has made out the case for reviewing the order passed by this Court. The order dated 28/6/2005 is, therefore, recalled. The order dated 16/10/2004 passed by the learned Industrial Court, Amravati is modified, which would read thus : “The respondent is directed to revise the pay scale of complainant and fix his salary in the pay scale of Rs.250/- - 435/- as per Government Resolution dated 29/1/1990, w.e.f. 20/7/1984. “ The review application is disposed of in aforesaid terms. JUDGE /diwale/