Dmt 1 ca87-11 dmt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 87 OF 2011 IN LETTERS PATENT APPEAL NO. 66 OF 2011 IN WRIT PETITION NO. 8403 OF 2010 Maharashtra Industrial Development Corporation & Ors. .... Applicants. vs. The General Secretary, (MIDC) & Anr. .... Respondents. Mr. Sudhir Talsania, Sr. Adv., Prashant Chavan & Madhukar Kalzunkar i/by Navdeep Vora & Associates for Applicants. Mr. Bennet D’Costa for Respondent No. 1. CORAM : P.B. MAJMUDAR & A.A. SAYED, JJ. DATE : 21ST JUNE, 2011. P.C. Heard the advocates appearing in the matter. 2. Mr. Talsania, the learned counsel for the appellants, submitted that the order of the learned Single Judge be stayed if not fully at least in part. It is Dmt 2 ca87-11 submitted by him that when the learned Single Judge has stayed the award regarding permanency, no other order should have been passed. The learned counsel for respondent no. 1 however submitted that the employees are serving within the range of last 8-15 years and this is nothing but exploitation of the employees to a great extent. It is submitted that even though there are clear vacancies, the appointment is made on such clear vacancies by employing a person on a fixed salary which is below minimum wages. Considering the facts and circumstances of the case, we are of the opinion that since the concerned employees are serving since more than 8 to 15 years, as the case may be, it would be just, proper and equitable to direct the appellant Corporation to pay them the pay scale given to the other regular employees as the employees are doing the same work. Said benefit of regular pay scale is to given with effect from 01.06.2011. The appellant Corporation shall continue to pay such pay-scales till the appeal is finally decided and subject to further orders in this behalf. Rest of the order of the learned Single Judge regarding giving consequential benefits as well as depositing the amount in Court as per paragraph 2 (ii) is stayed. It is clarified that the said payment will be subject to the out-come of the appeal. It is clarified that the order passed by the learned Single Judge on speaking to the minutes dated 31.1.2011 is not disturbed and is kept as it is. 3. The civil application is disposed of accordingly. No order as to costs. (A.A. SAYED, J.) (P.B. MAJMUDAR, J.)