CAW/2229/2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2229 OF 2010 IN WRIT PETITION NO.5277 OF 2005 The Workman employed in the workshop of The India Meteorological Dept. at Pune ... Applicant V/s. Union of India, Pune ... Respondent Mr. K.S. Bapat with Mr. T.R. Yadav for the Applicant. Mr. D.A. Dubey for the Respondent. CORAM: SMT. NISHITA MHATRE, J. DATE : 17 TH SEPTEMBER, 2010. P.C. : 1. The Civil Application has been filed for vacating the stay granted by this Court on 22nd November, 2005 in Writ Petition No.5277 of 2005. The interim stay was granted subject to deposit of the entire awarded amount with this Court within a period of eight weeks from that date. 2. According to the applicant, the respondent herein, i.e. the original petitioner, has not deposited the entire amount awarded i.e. over time wages at the rates specified under Section 59 of the Factories Act. CAW/2229/2010 3. An affidavit has been filed by the respondent, i.e. the original petitioner, in which a contention is raised that the amounts deposited are in accordance with the scale prescribed by the Fifth Pay Commission. 4. This affidavit does not in any manner indicate that the amount which has been deposited by the original petitioner, i.e. the respondent herein, is deposited in consonance with Section 59 of the Factories Act or as awarded by the Industrial Tribunal, Pune in Reference (IT) No.2 of 2004. In any event, the interim stay granted was subject to deposit of the entire awarded amount. Since that amount has not been deposited, there is no stay to the Award dated 17th March, 2005 passed in Reference (IT) No.2 of 2004. 5. The Civil Application is disposed of. 6. The learned Advocate for the respondent i.e. the original petitioner, has requested a stay of this order. Stay refused since in any case the interim stay granted by this Court by the order dated 22nd November, 2005 is not in existence as the original petitioner, i.e. the respondent herein, has not deposited the amount awarded by the Industrial Tribunal, Pune, as directed in the order.