Kambli 1 wp227.10 IN THE HIGH COURT JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO.227 OF 2010 IN WRIT PETITION NO.1414 OF 2010 WITH CIVIL APPLICATION NO.285 OF 2010 ... Kedarling Sahakari Pani Puravatha Sanshta Ltd. ...Appellant vs. Shri Pandurang A.Kamble ...Respondent ... WITH LETTERS PATENT APPEAL NO.228 OF 2010 IN WRIT PETITION NO.1415 OF 2010 WITH CIVIL APPLICATION NO.286 OF 2010 ... Kedarling Sahakari Pani Puravatha Sanshta Ltd. ...Appellant Kambli 2 wp227.10 vs. Shri Bapurao G. Todkar ...Respondent ... WITH LETTERS PATENT APPEAL NO.229 OF 2010 IN WRIT PETITION NO.1416 OF 2010 WITH CIVIL APPLICATION NO.287 OF 2010 ... Kedarling Sahakari Pani Puravatha Sanshta Ltd. ...Appellant vs. Shri Madhukar S.Toraskar ...Respondent ... WITH LETTERS PATENT APPEAL NO.230 OF 2010 IN WRIT PETITION NO.1404 OF 2010 WITH CIVIL APPLICATION NO.288 OF 2010 ... Kedarling Sahakari Pani Puravatha Sanshta Ltd. ...Appellant Kambli 3 wp227.10 vs. Shri Ananda R. Divase ...Respondent ... WITH LETTERS PATENT APPEAL NO.231 OF 2010 IN WRIT PETITION NO.1410 OF 2010 WITH CIVIL APPLICATION NO.289 OF 2010 ... Kedarling Sahakari Pani Puravatha Sanshta Ltd. ...Appellant vs. Shri Tukaram R. Shinde ...Respondent ... WITH LETTERS PATENT APPEAL NO.232 OF 2010 IN WRIT PETITION NO.1403 OF 2010 WITH CIVIL APPLICATION NO.290 OF 2010 ... Kambli 4 wp227.10 Kedarling Sahakari Pani Puravatha Sanshta Ltd. ...Appellant vs. Shri Pandurang N.Khaire ...Respondent ... WITH LETTERS PATENT APPEAL NO.234 OF 2010 IN WRIT PETITION NO.1417 OF 2010 WITH CIVIL APPLICATION NO.292 OF 2010 ... Kedarling Sahakari Pani Puravatha Sanshta Ltd. ...Appellant vs. Shri Ganpati Shankar Patil ...Respondent ... WITH LETTERS PATENT APPEAL NO.235 OF 2010 IN WRIT PETITION NO.1413 OF 2010 WITH CIVIL APPLICATION NO.293 OF 2010 ... Kambli 5 wp227.10 Kedarling Sahakari Pani Puravatha Sanshta Ltd. ...Appellant vs. Shri Ananda K.Patil ...Respondent ... Mr.D.A.Nalawade i/b Mr.R.A.Lokhande for Appellant. Mr.P.P.Chavan with Ms.R.J.Nathani i/b R.R.Chile for Respondents. --- CORAM: D.K.DESHMUKH & N.D.DESHPANDE,JJ. Dated: 29th September, 2010 P.C.: Admit. Heard finally by consent of parties. 1. The only dispute raised on behalf of the Appellant is about awarding of back wages. According to the learned Counsel appearing for the Appellant, the labour court was not justified in awarding full back wages, when all the workmen involved had stated that after the termination of their Kambli 6 wp227.10 services they were doing agriculture and they have not led any evidence as to how much they were earning. 2. On the other hand, according to the learned Counsel appearing for the workers, the workers have stated that they did not get any employment therefore, they were doing agriculture. But the fact remains that there is no evidence on record as to what was their earning from the agriculture. In our opinion, considering the nature of work of the Respondents and the evidence on record, it would be appropriate to dispose of these Appeals in following terms. (i)The order granting reinstatement in service is maintained. (ii)Such of the workmen who have not Kambli 7 wp227.10 crossed the age of 60 years shall be reinstated in service within a period of two weeks from today and such of the workmen who are actually reinstated in service shall be paid 50% of the back wages and such of the workmen who are not actually reinstated, because they have crossed the age of 60 years, shall be paid 60% back wages from the date of their termination till they reach the age of 60 years. (iii) While making the payment of back wages, the Appellant shall give detail calculations to the workmen. (iv)If the workmen are not happy with the calculation and if according to them they are entitled to additional amount, then they will be entitled to make grievance Kambli 8 wp227.10 about it to the employer as also in a proceeding before the Labour Court under Section 33(c)(ii) of the Industrial Disputes Act. (v)Appeals & Civil Applications disposed of. (D.K.DESHMUKH,J.) (N.D.DESHPANDE,J.)