1 wp-2151-97 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2151 OF 1997 Shri Ranchhod Banshilal Gade residing at Near Cinema Theatre, Murbad, Post: Murbad, District – Thane. .. Petitioner Vs. 1. The State of Maharashtra 2. Thane Zilla Parishad through the Chief Executive Officer, having his office at Thane, District: Thane, near Prabhat Talkies, Dist. Thane. 3. District Rural Development Agency through its Chairman and Chief Executive Officer, Thane. 4. Chief Executive Officer having his office at Thane, Near Prabhat Talkies, Dist. Thane. 5. The Commissioner Konkan Division, Konkan Bhavan, Vashi, Navi Mumbai. Mr. R.P. Lote for petitioner. Mr. C.R. Sonawane, AGP for respondent no.1. Mr. S.P. Thorat for respondent nos. 2 to 4. 2 wp-2151-97 CORAM: B. H. MARLAPALLE & A. A. SAYED, JJ. August 23, 2010. ORAL JUDGMENT: (Per B. H. Marlapalle,J.) 1. This writ petition filed under Article 226 of the Constitution prayed for various reliefs for payment of salary and arrears etc. However, in the final hearing today, the learned counsel for the petitioner has pressed for prayer clause (c) which reads as under:- (c) that by appropriate writ, order and direction of this Hon’ble Court, the Respondent No.2 to 4 be directed to pay to the petitioner the arrears of salary for 110 days as mentioned in paragraph 28 of this petition;” 2. Paragraph 28 of the petition memo reads as under: 28. The petitioner herebelow furnishes the details of which he has not received the salary so far of duty period, viz. 3 wp-2151-97 ---------------------------------------------------------------------------- Sr. Salary of Salary of Salary Salary No.of No. which which when of which days month month received month not received not paid paid in the month ----------------------------------------------------------------------------- 1. Sept.88 Sept.88 Nov.88 2. Oct.88 Oct.88 Nov.88 3. Nov.88 01.11.88 09.03.93 05.11.88 26 days to to 04.11.88 30.11.88 Dec.88 1st & 2nd 2 days Dec.88 4. Nov.92 07 days 15.06.95 Nov.92 17 days 06 days 20.08.96 5. Dec.92 08 days 15.06.95 Dec.92 20 days 03 days 20.08.96 6. Jan.93 Jan.93 31days 7. Feb. 93 01.02.93 14 days to 14.02.93 8. March 93 03.09.95 9. April 93 03.09.95 10. Sept. 96 Nov.96 11. Oct. 96 ------------ Salary not recieved 110 days ------------ 4 wp-2151-97 3. It is thus contended that the petitioner was not paid his salary for 26 days from 5/11/88 to 30/11/88, 1st and 2nd December, 1988, for 17 days in the month of November, 1992, for a period of 20 days in the month of December, 1992, for a period of 31 days i.e. for entire month of January 1993 and for a period of 14 days from 1/2/1993 to 14/2/1993. 4. Shri Rameshbhai Patel, Section Engineer of respondent no.1 in the Public Works Department has filed affidavit-in-reply and in paras 4 to 6 of the said affidavit he has clearly pointed out that for all these 110 days the petitioner was paid his salary. Thus the claim made by the petitioner for non payment of salary for 110 days has been disputed and such disputed facts cannot be adjudicated in a writ petition filed under Article 226 of the Constitution. In the normal course, we would have directed the petitioner to approach the Labour Court with an application under Section 33-C (2) of the Industrial Disputes Act, 1947. However, the learned counsel for the petitioner submitted that the petitioner is now 71 years old and therefore, it would not be proper for him to be directed to approach the Labour Court. 5 wp-2151-97 5. We direct that if the petitioner files a representation giving details of the non payment of these 110 days, he will be shown the record of the payment of salary made to him and if there is any period for which he was on duty and he has not been paid, the Zilla Parishad would take steps to ensure that his payment is cleared. 6. Save and except the above directions, the petition is dismissed. (A. A. SAYED,J.) (B. H. MARLAPALLE, J.)