FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.7293 OF 2008 ___________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|___________________________________ Heard learned Counsel for the petitioner. Though respondents are served, none appears for them. The learned Counsel for the petitioner invited my attention to the pleadings in the petition, annexures thereto, averments made in the application for condonation of delay which was filed before the Court below and submitted that his grievance was that as pay of the petitioner is not fixed as per the recommendations of the 5th Pay Commission and he was pursuing the authorities for same cause. According to the learned Counsel for the petitioner, as long as petitioner’s pay is not fixed as per 5th Pay Commission’s recommendations, there is continuous cause of action for him to take appropriate proceedings. Therefore, the Member, Industrial Court, Dhule was not justified in rejecting his application. 2 After hearing the learned Counsel for the petitioner and after perusing the findings recorded by the Industrial Court, I am of the considered view that the reasons recorded by the learned Judge, more particularly, in paragraph 17 are not sustainable. Not only that the petitioner has requested in the year, 1996 or 1997 for implementation and fixation of his pay as per recommendations of 5th Pay Commission but, he was continuously pursuing the cause. Therefore, in my considered view, the impugned order is not sustainable. There were efforts by the petitioner to pursue his cause. 3 In the result, the petition is allowed in terms of prayer clause (B) and disposed of. (S.S. SHINDE, J). 06.08.2009. PLK/#