1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Writ Petition No.9165 of 2005 Krishi Utpanna Bazar Samiti, Pune Petitioner Vs. Sarva Sramik Sanghatana, Pune & ors. Respondents Mr.V.M.Thorat for petitioner. Mr.S.B.Deshmukh with Mr.N.A.Kulkarni and Mr.S. B. Bombale for respondent no.1. Mr.M.H.Solkar, AGP for respondent no.2. CORAM: B.H.MARLAPALLE,J. September 01, 2006. P.C. 1. Heard Mr.Thorat, the learned counsel for the petitioner - Market Committee which is aggrieved by the judgment and order dated 26/10/2005 rendered by the learned Member of the Industrial Court at Pune in Complaint (ULP) No.14 of 2004 filed by the Respondent - Union. The Industrial Court held that the Market Committee was guilty of unfair labour practice under Item 9 of Schedule IV of the MRTU & PULP Act, 1971 and directed the petitioner - Market Committee to pay arrears of wages to the employees mentioned in Annexure "A" to the Complaint for the period from 1st October 2000 to 30th June 2001 as per the revised pay-scales brought into force pursuant to the 2 implementation of the Fifth Pay Commission recommendations by the State Government. 2. After hearing Mr.Thorat at length it is clear that the impugned order does not call for interference but it needs clarifications which are set out as under: . The pay-scales of the employees of the petitioner - Market Committee prior to 1/10/2000 were as under: No. Post Pay-scale --------------------------------------------------- 1. Secretary 3700-125-4700-150-5000 2. Deputy Secretary 3200-100-3500-125-4625 3. Asst.Secretary 3000-100-3500-125-4500 4. Deputy Engineer 3000-100-3500-125-4500 5. Accountant 2375-75-3200-100-3500 6. Administrative 2375-75-3200-100-3500 Officer/Establishment/ Property Officer/ Market Superintendent 7. Statistician 2375-75-3200-100-3500 8. Record Keeper/Market 2200-75-2800-100-3700 Supervisor/Store Keeper/Security/ Health Officer/Petrol Pump Manager 3 9. Market Inspector 2000-60-2300-75-3500 10. Chief Clerk -------- 11. Senior Clerk/Senior 1640-60-2600-75-2900 Sanitary Inspector/ Steno-Typist 12. Treasurer/Trading -------- Clerk/Security Officer 13. Specific Machine 1400-40-1600-50-2300-60-2600 Operator/Wireman/ Plumber 14. Driver/Junior 1400-40-1600-50-2300-60-2600 Clerk/Mestry/ Assistant Security Officer/Typist/ Telephone Operator/ Junior Sanitary Inspector 15. Naik/Head Peon -------- 16. Peon/Mukadam 975-25-1150-30-1540 17. Watchman/Gateman 975-25-1150-30-1540 (Rakhavaldar) 18. Mali 975-25-1150-30-1540 19. Jamadar --------- 20. Casual Labour 950-20-1150-25-1500 (Unskilled Labour) 21. Attendant/Water 950-20-1150-25-1500 Tank Attendant/ Sweeper/Toilet labour/Petrol Pump Labour 4 The above scales were revised from 1/1/2000 as shown below, as per the circular dated 31/12/1999 by Director Marketing for the super class APMCs in the State. No. Post Pay-scale --------------------------------------------------- 1. Secretary 8000-275-13500 2. Deputy Secretary ------- 3. Asst.Secretary 6500-200-10500 4. Deputy Engineer ------- 5. Accountant 5500-175-9000 6. Administrative ------- Officer/Establishment/ Property Officer/ Market Superintendent 7. Statistician 5500-175-9000 8. Record Keeper/Market -------- Supervisor/Store Keeper/Security/ Health Officer/Petrol Pump Manager 9. Market Inspector 5000-150-8000 10. Chief Clerk 5000-150-8000 11. Senior Clerk/Senior 4000-100-6000 Sanitary Inspector/ Steno-Typist 12. Treasurer/Trading 4000-100-6000 Clerk/Security Officer 13. Specific Machine ------- Operator/Wireman/ Plumber 5 14. Driver/Junior 3050-75-3950-80-4590 Clerk/Mestry/ Assistant Security Officer/Typist/ Telephone Operator/ Junior Sanitary Inspector 15. Naik/Head Peon 2610-60-2910-65-3300-70-4000 16. Peon/Mukadam 2550-55-2660-60-3200 17. Watchman/Gateman 2550-55-2660-60-3200 (Rakhavaldar) 18. Mali 2550-55-2660-60-3200 19. Jamadar 2610-60-2910-65-3300-70-4000 20. Casual Labour 2550-55-2660-60-3200 (Unskilled Labour) 21. Attendant/Water ------- Tank Attendant/ Sweeper/Toilet labour/Petrol Pump Labour Though the petitioner was required to implement the above revised pay scales, it chose not to do so. On the other hand it approached the Director Marketing for approval of the pay scales proposed by it. The approval was granted and the following scales were brought into force from 1st July 2001 by the petitioner Committee, in place of the scales proposed by the circular dated 31/12/1999. 6 No. Post Pay-scale --------------------------------------------------- 1. Secretary 10650-325-15850 2. Deputy Secretary 10000-325-15200 3. Asst.Secretary 8000-275-13500 4. Deputy Engineer 8000-275-13500 5. Accountant 7450-225-11500 6. Administrative 7450-225-11500 Officer/Establishment/ Property Officer/ Market Superintendent 7. Statistician 7450-225-11500 8. Record Keeper/Market 6500-200-10500 Supervisor/Store Keeper/Security/ Health Officer/Petrol Pump Manager 9. Market Inspector 5500-175-9000 10. Chief Clerk ------- 11. Senior Clerk/Senior 5000-150-8000 Sanitary Inspector/ Steno-Typist 12. Treasurer/Trading ------- Clerk/Security Officer 13. Specific Machine 4000-100-6000 Operator/Wireman/ Plumber 14. Driver/Junior 4000-100-6000 Clerk/Mestry/ Assistant Security Officer/Typist/ Telephone Operator/ Junior Sanitary Inspector 7 15. Naik/Head Peon -------- 16. Peon/Mukadam 3200-85-4900 17. Watchman/Gateman 3200-85-4900 (Rakhavaldar) 18. Mali 3200-85-4900 19. Jamadar ------- 20. Casual Labour 2750-70-3800-75-4400 (Unskilled Labour) 21. Attendant/Water 2750-70-3800-75-4400 Tank Attendant/ Sweeper/Toilet labour/Petrol Pump Labour . Thus the payment of arrears ordered by the Industrial Court for the period from October 2000 to June 2001 will be with respect to the pay scales originally fixed by the petitioner and the pay scales recommended by the Director Marketing vide circular dated 31/12/1999 and in any case the workmen shall not be entitled to claim difference of wages with reference to the pay scales revised by the Committee under approval from the Director Marketing with effect from 1/7/2001 which pay scales are higher than the pay scales set out in the circular dated 31/12/1999, by relying upon the order passed by the Industrial Court. . At the same time it is made clear that if the 8 respondent - Union has any grievance regarding the arrears not being paid pursuant to the order passed by the Market Committee on 16/5/2001, it may initiate appropriate proceedings before the appropriate forum as may be available in law, but not by way of a complaint for unfair labour practice. . After paying the difference of the arrears as clarified hereinabove, if any amount lies with the Industrial Court, the petitioner - Market Committee is at liberty to withdraw the same. . The petition is disposed off accordingly. (B.H.MARLAPALLE,J.)