WP/8037/2010 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8037 OF 2010 Incab Industries Ltd., Pune ... Petitioner V/s. Shankar Balwant Ghodke ... Respondent Mr. D.J. Bhange for the Petitioner. Mr. Manish Pable for the Respondent. CORAM : SMT. NISHITA MHATRE, J. DATE : 28 TH FEBRUARY, 2011. P.C. : 1. This Writ Petition has been preferred against an order passed by the Labour Court, Pune on 26th February, 2010 allowing the Application (IDA) No.54 of 2004 filed by the respondent-workman under Section 33C(2) of the Industrial Disputes Act. The Labour Court has held that the workman has not been paid his salary which he was entitled to from July, 2002 to August, 2003. It has, therefore, directed the petitioner to pay an amount of `77,389.30 which includes the payment of 13 months wages from July, 2002 to August, 2003 @ `6,876.10 per month. The Labour Court has deducted the amount of `12,000/- which has already been paid to the workman during the aforesaid period. WP/8037/2010 2 2. A contention is raised on behalf of the petitioner that proceedings are pending before the B.I.F.R. and the Union representing the workman had agreed that from March, 2003 the workman would be entitled to only `3,000/- per month. Admittedly, there is no agreement as per the provisions under Section 2(p) read with Section 18(1) of the Industrial Disputes Act. Minutes of the meeting held on 24th March, 2003 between the Management and the Union have been recorded which, according to the petitioner, are binding on the respondent. Even in these minutes there is nothing to indicate that the workman is not entitled to full salary from July, 2002 to August, 2003. 3. The Labour Court has considered all the contentions raised before it on behalf of the petitioner and has, in my view, correctly allowed the application. 4. The Writ Petition is, therefore, rejected.