1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1386 OF 2000 Gautam P. Kabadi … Petitioner. Versus Mahila Arthik Vikas Mahamandal Ltd. … Respondent. Mr. Vijay Patil for the petitioner. None for the respondents. CORAM: D.K. DESHMUKH & R. G. KETKAR, JJ. DATED: 1st October, 2009. P.C. 1 The facts which are relevant for deciding this petition are that the Petitioner was in the service of the Respondent- Corporation with effect from 17.12.1991 as Chief Accounts and Finance Officer. He tendered resignation of his service on 04.03.1996. His resignation was accepted on 23.04.1996. There was an agreement regarding Revised Pay Scales of the Employees of the Respondent -Federation and payment of 2 arrears in accordance with the Revised Pay Scales between the respondent-Corporation and Organization of its employees dated 03.12.1996. It was decided that Revised Pay Scales were to be made applicable from January, 1986, but arrears from January, 1986 to November, 1996 according to the Revised Scales were not payable to those employees who are either removed from the services of the Respondent-Corporation or who have tendered resignation of their posts within one year before the date on which Revised Pay Scales have become applicable. On the basis of the said agreement between the Management and the Employees Organization, Government Resolution dated 25th April, 1997 was issued. The Government Resolution made Revised Pay Scales applicable with effect from 01.01.1986. The Government Resolution specifically made it clear that the arrears according to Revised Pay Scales will be payable in accordance with the terms and conditions mentioned in the agreement between the Management and the Employees Organization. The petitioner after the Government Resolution was issued in the year 1999 made representation that he is entitled to payment of arrears. That representation was rejected. Therefore, this petition has been filed. 3 2 We heard the learned counsel appearing for the Petitioner. In view of the fact that the Government Resolution dated 25th April, 1997 regarding Revised Pay Scales, on the basis of which petitioner claims arrears of pay, has incorporated conditions in the agreement between Respondent-Corporation and Employees Organization in relation to payment of arrears, in our opinion, the petitioner is not entitled to payment of any arrears because he has voluntarily resigned from his services, within one year before coming into force of the Revised Pay Scales. 3 The learned counsel for the petitioner submits that according to the terms of the agreement between respondent- Corporation and the Employees Organization, the employee who has resigned or is removed from the services before one year of the application of the Revised Pay Scales, Revised Scale Pay and arrears are not payble to those employees. According to the learned counsel appearing for the petitioner, this is illegal. We cannot accept these arguments in absence of any challenge to the Government Resolution or to the Conditions in the Agreement between respondents-Corporation and the Employees of the Respondent-Corporation in the petition. There 4 is no prayer in the petition for striking down the condition in the agreement between the respondent-Corporation and Employees Organization which has been made part of the Government Resolution. Taking over all view of the matter therefore, in our opinion, there is no substance in the petition, it fails. Therefore, petition is dismissed with no order as to costs. Rule discharged. (D.K. DESHMUKH, J) (R.G. KETKAR, J)