1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 591 OF 2010 (A.P.M.C. Hinganghat vs. Director of Agricultural Marketing, Maharashtra State & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. APRIL 15, 2010. Heard Shri De, learned counsel for the petitioners, Shri Siras, learned counsel for respondents No. 2 to 4 and Shri Mujumdar, learned AGP for respondents No. 1 & 5. The petitioner A.P.M.C. states that the resolution to extend the benefits of 5th Pay revision was passed by the Administrator and because of recommendations of District Deputy Registrar, the said resolution was withdrawn by the Administrator. He states that all these events are not looked into and are not considered while passing order dated 18.12.2009 by Respondent No.1 because the communications/ replies placed on record by the petitioners are not looked into by that authority. Attention is invited to para 1 of writ petition to state that the submissions dated 06.11.2009 and reply dated 30.10.2009 are filed before that authority and it has not been looked into. 2 The learned AGP and Shri Siras, learned counsel are supporting the orders. They contend that the Secretary Shri Chambhare of the petitioners was present on the relevant date. The matter was considered in his presence and on 18.06.2009, it was closed for filing of written notes of arguments. In other words, according to them, oral arguments were already over. After that date, no written notes of arguments were filed on behalf of the petitioners on the next date i.e. on 28.06.2009 and thereafter in spite of repeated intimations. Hence, the authority has on the basis of records available, passed the impugned order. The learned AGP has argued that the petitioners have not placed on record any authentic material to show that such submissions and replies were filed before Respondent No.1. The petitioners have approached this Court with grievance that the submissions and reply has not been considered. It is not the case of Respondents No. 1 & 5 or Respondents No. 2 to 4 in their reply affidavits that no such reply or submissions before Respondent No.1 were filed. They have not contended that this stand of the petitioner is false. In this situation, merely because the matter was closed for written notes of arguments, that does not mean that the submissions or replies filed thereafter could not have been looked into by the authority. The 3 petitioners have also not pointed out as to why when Deputy Director Shri Chambhare was present on 18.06.2009, written notes of arguments were not filed within time or then appropriate steps to file submissions were not taken. The issue pertains to applicability of 5th Wage Revision. Therefore, it is not only in relation to Respondents No. 2 to 4 but all employees of A.P.M.C. will be affected. I am, therefore, inclined to give an opportunity to the petitioners to contest the matter before Respondent No. 1 but subject to payment of cost of Rs.10,000/- by the petitioner to Respondents No. 2 to 4 by 30th April 2010. If the costs are so paid, Respondent No.1 – authority shall take on record the submissions/ replies of the petitioners, shall give an opportunity to Respondents No. 2 to 4 to file their respective say or contentions in reply thereto. Thereafter, after hearing both the sides, Respondent No. 1 to decide the matter afresh. As the matter is being sent back, Respondent No. 1 shall attempt to decide the same as early as possible and in any case by 30th June 2010. The parties shall appear before Respondent No.1 on 10.05.2010 and shall abide by his further instructions in the matter. In case of any difficulty, the amount of cost is permitted to be deposited with the Registry of this Court with liberty to Respondents No. 2 4 to 4 to withdraw it. Impugned order dated 18.12.2009 passed by Respondent No. 1 is accordingly quashed and set aside. Writ Petition is disposed of accordingly. No costs. Certified copy expedited. JUDGE *GS.