1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1325 OF 2008 IN WRIT PETITION NO.5239 OF 2005 The Executive Engineer, Maharashtra Rajya Vidyut Mandal ..Applicant. Vs. Suchita Vijay Surve ..Respondent. .... Ms. A.R.S. Baxi for the Applicant. Mr. Niranjan Mogre i/b Mr. Sachindra B. Shetye for the Respondent. .... CORAM: DR. D.Y. CHANDRACHUD, J. 1st October, 2008. P.C. : 1. The Civil Application has been taken out on 30th April, 2007 for a stay of the award dated 31st March, 2005 passed by the Labour Court at Ratnagiri in Reference (IDA) 3 of 1997. 2. The Labour Court by its award granted reinstatement to the workman with 50% backwages and directed the conferment to the status of a permanent employee on the workman completing 240 days of uninterrupted service in a period of 12 calender months. 2 3. The Petition was admitted on 23rd February, 2006 when interim relief was granted in terms of prayer clause (c ). The prayer clause (c ) reads as follows : “Pending the hearing and final disposal of this Writ Petition, further proceedings pursuant to the Judgment and Award passed in Reference (IDA) No.3/97 be stayed.” 4. It must be noted that on 2nd February, 2006 the Learned Single Judge of this Court had directed the Petitioner to deposit an amount representing 50% of the backwages as directed by the lower Court. When the Petition was admitted on 23rd February, 2006 this Court recorded that an amount of Rs.10,796/- was deposited (this figure was corrected subsequently on 28th April, 2006 as Rs.64,776/-). On 29th August, 2006 on a Civil Application taken out by the workman for a direction for the deposit of 50% of the backwages, a Learned Single Judge of this Court observed that it was clear from the interim order that what was stayed was not the operation of the award, but the future proceedings arising out of the award. The employer was accordingly directed to calculate the amount of backwages on the basis of the salary payable to a regularly appointed typist and to deposit the balance amount within 3 a period of two months. This Court has been informed that the order dated 29th August, 2006 has been complied with. The amount has been withdrawn by the workman in pursuance of the interim direction dated 29th August, 2006 without furnishing security. 5. The employer had taken out a Civil Application for amending prayer clause (c ) since, as observed in the interim order dated 29th August, 2006 that prayer was only for the stay of future proceedings and not for stay of the award. The Civil Application was rejected on 16th March, 2007 and liberty was granted to the employer to file a substantive application for stay of the operation of the award. Accordingly Civil Application No.1325 of 2008 has been filed. 6. Prima facie, the order dated 26th June, 1992 issued by the employer (the reference to which is found in paragraph 8 of the award of the Labour Court) will show that the workman was appointed on a contract basis for the period from 1st July, 1992 to 30th June, 1993 and the rate of wages agreed was Rs.10/- per thousand words. The contract contained a statement that there 4 was no assurance to accommodate the workman as a permanent employee and the services could be terminated at any time. Having regard to the nature of the appointment, prima facie, the Labour Court was in error in granting reinstatement with 50% backwages. The Petition has already been admitted. The employer has deposited 50% of the backwages calculated with reference to the wages of a regular typist in the cadre. In the circumstances, an interim stay of the award will be necessitated. As already noted earlier, the amount has already been withdrawn by the workman in pursuance of the interim orders passed earlier. The Civil Application shall accordingly stand absolute in terms of prayer clause (b ). *****