AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (LODGING) NO.495 OF 2008 IN WRIT PETITION NO.1770 OF 2008 Press Trust of India Limited (Western India) & Ors. .... Appellants Vs. Press Trust of India Employees Union (Western India) & Ors. .... Respondents Mr. J.P. Cama i/b M/s. Haresh Mehta & Co. for the appellants. Mr. Jane Cox for the respondents. CORAM : SMT. RANJANA DESAI & K.K. TATED, JJ. DATED : 15TH OCTOBER, 2008. P.C. :- 1. By the impugned order, learned Single Judge has issued Rule in both the petitions. By way of interim relief, the appellants have been directed to pay 60% of the wages to the employees with effect from August, 2008 onwards. Learned Single Judge also granted interim stay of the order of the Labour Court and of the Industrial Court pending hearing of these petitions. It is further AJN 2 directed that payment that will be made by the Press Trust of India shall be adjustable depending on the final orders in the matters. The basic grievance of the appellants is that learned Single Judge ought not to have directed payment of wages to the employees. 2. We have heard Mr. Cama, learned counsel for the appellants. He submitted that order of the Industrial Court granting reinstatement has been set aside and the matter has been remanded. The appellants have challenged the order only as regards the remand on the items 1(a) and (b) of Schedule IV to the MRTU & PULP Act. He submitted that the employees have challenged the remand order. Since reinstatement itself was set aside, learned Single Judge should not have directed payment of any wages to the employees. 3. Learned Single Judge has issued Rule. Order granting payment of wages to the employees cannot be faulted at this stage because both the Courts below had passed such order. However, in our opinion, in the circumstances of the case, interim order directing payment of 60% wages to the employees needs to be modified. While the Industrial Court and Labour Court had granted AJN 3 60% wages from 13/2/2002, learned Single Judge has granted payment of 60% wages from August, 2008 onwards. Therefore, instead of 60% wages, the appellants should be directed to pay 40% wages. Hence, the following order : 4. During the pendency of these writ petitions, the appellant shall pay 40% wages to the employees from August, 2008 onwards instead of 60% wages. Writ petitions are expedited. Liberty to the appellants to move the court for fixing early date of hearing. The appellants shall pay arrears of payment within four weeks from today. 5. Appeal is disposed of in the aforestated terms. [SMT. RANJANA DESAI, J.] [K.K. TATED, J.]