WP/7335 & 7352/2010 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7335 OF 2010 The State of Maharashtra, Thru’ Dairy Development Commissioner, Worli, Mumbai & Ors. ... Petitioners V/s. Krishnarao Ramu Ghaste ... Respondent ALONG WITH WRIT PETITION NO.7352 OF 2010 The State of Maharashtra, Thru’ Dairy Development Commissioner, Worli, Mumbai & Ors. ... Petitioners V/s. Kaba Mohamad Mujawar ... Respondent Mr. P.G. Sawant, AGP, for the Petitioners. Mr. Shrikant Chavan i/b. Mr. Umesh Mankapure for the Respondents. CORAM: SMT. NISHITA MHATRE, J. DATE : 19 TH OCTOBER, 2010. P.C. : 1. Rule. Rule made returnable forthwith. 2. These Writ Petitions have been filed challenging the orders dated 28th August, 2008 and 17th April, 2010 passed by the Industrial Court, Sangli in Complaint WP/7335 & 7352/2010 2 (ULP) No.13 of 2006 and Complaint (ULP) No.2 of 2009, respectively. 3. The main contention of the learned AGP is that the Industrial Court has erred in granting a higher pay scale to the respondents when they were not qualified. The Industrial Court has noted that although it was a case of the petitioners that the respondents were not qualified for promotion and therefore not entitled to the benefit of the G.R. dated 8th June, 1995, no material was produced on record in support of this contention. The Industrial Court has also noted that the report of the Pay Verification Unit was not placed on record to ascertain the nature of the objections raised by the said Unit. 4. Besides this, the Industrial Court has noted in paragraph No.12 of its order that the witness of the petitioners had admitted that the recruitment rules for promotion to the post of “Refrigeration Operator” required three years experience in running the Ice Plant or Air Conditioning Machinery. The Industrial Court has WP/7335 & 7352/2010 3 found in evidence that the respondent had worked for three years as a “Helper” in the Refrigeration Department and therefore he had the required qualification for being granted a higher pay scale in the promotional post. Even today the learned AGP was unable to show what are the qualifications for the higher pay scales in the promotional posts. 5. The Writ Petitions are, therefore, rejected.