1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 2368 OF 2010 (The Executive Engineer, Medium Project Division, Gondia & Anr. vs. Shri Bhojraj Sampatrao Deshmukh & Anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. AUGUST 27, 2010. Heard Shri Patil, learned counsel for the petitioners, Kum. Pathak, learned counsel for respondent No.1 and Mrs. Deshpande, learned AGP for respondent No.2. The short contention of Shri Patil, learned counsel is, the undertaking furnished by Respondent No.1 vide Exh. 37 and its effect on demand, as made, has not been appropriately evaluated by the Industrial Court. The learned counsel states that the undertaking is in relation to claim for salary on the post of Clerk and hence as Driver, Respondent No. 1 cannot claim any arrears. He further states that according to his own case, Respondent No. 1 has not worked as Driver after 1988 and hence mere fact that because he was brought on C.R.T.E. as Driver is of no use. Kum. Pathak, learned counsel, on the other hand, states that the undertaking has been furnished in accordance with the Scheme of Government which 2 prescribed the pay-scale of the work being actually done by the employee. Thus, from 25.09.2003, Respondent No. 1 has been paid wages as Clerk but his entitlement to arrears from 1985 till 29.09.2003 survives. She has invited attention to condition incorporated in said undertaking by Respondent No.1 by putting a hand written note. I find that the Industrial Court has not considered this position properly. The question is, if Respondent No.1 was not working as Driver from 26.05.1988 onwards, whether he can be paid arrears for the post of Driver allegedly as per C.R.T.E. status. In this view of the matter, the impugned judgment dated 13.11.2009 delivered by the Industrial Court, Bhandara, in Complaint ULPA No. 128 of 2007 is unsustainable, the same is accordingly quashed and set aside. The proceedings in Complaint ULP No. 128 of 2007 are restored back to file by the Industrial Court, Bhandara, for taking fresh decision in this respect as early as possible and in any case by 31.03.2011. The parties are directed to appear before the Industrial Court, Bhandara, on 27th September 2010 and to abide by its further directions in the matter. Writ Petition is accordingly allowed. Rule is made absolute in above terms. No order as to costs. JUDGE *GS.