1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. LETTERS PATENT APPEAL NO.603 OF 2010. IN WRIT PETITION NO.5107 OF 2008 (D). (M/s Chanvim Engineering Pvt. Ltd. Vs. Asstt. Commissioner of Labour of others) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Shri V.P. Marpakwar, Adv. for Appellant. Shri A.D. Sonak, AGP for Respondent Nos.1 and 6. Shri M.V. Mohokar, Adv. for Respondent Nos.3 to 5. CORAM: B.P. DHARMADHIKARI & P.D. KODE, JJ. DATE: DECEMBER 1, 2011. Respective Counsel appearing for the appellant and respondent Nos.1 to 5 were heard on 29.11.2010 and then the matter was adjourned for today. Today, both Counsel upon instructions, state that the dispute about entitlement of employees of the appellant to dearness allowance as revised vide notification dated 14.05.2007 and from time to time, be referred keeping the defence of the appellant management in that respect open. They point out that 14 demands are already referred vide notification dated 15.10.2011,. The defence of the appellant - management is that it is already paying wages which are more than 2 minimum wages prescribed and hence its employees are not entitled to such dearness allowance. Learned AGP appearing for respondent Nos.1 and 6 states that the respondents have no objection in making such reference to the same Court if reasonable time is given. He also points out that reference as per communication dated 15.10.2011 is to B Court of Industrial Tribunal at Nagpur. In the circumstances, keeping the above mentioned defence of the appellant management open for consideration of that Court, the following demand 15 be referred to Industrial Court B at Nagpur for its trial along with other 14 demands already referred to it and being considered in reference BILR No.7/2011. The respondent Nos.1 and 6 shall issue necessary corrigendum in this respect within a period of two months from today. “Demand No.15 whether the employees of the M/s Chanvim Engineering (I) Pvt. Ltd. are entitled to claim dearness allowance as per notification dated 14.05.2007 and further notifications issued in that respect from time time?”. The amount of Rs.5,20,6574.58 deposited by the appellant in pursuance of order of this Court dated 26.09.20911, is permitted to be withdrawn after giving an undertaking that in case this demand is accepted by Industrial Court, this amount shall be forthwith deposited by present appellant within one week of said adjudication. The appellant shall also furnish a bank guarantee for said amount and purpose to the satisfaction of Industrial Court and that will be kept alive till the 3 reference is decided by that Court. Upon proof of furnishing of the said undertaking and bank guarantee, the amount shall be allowed to be withdrawn. A copy of this order be furnished to the learned AGP. JUDGE JUDGE NSN