1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 1085 OF 2010 (The Secretary, Gram Panchayat & Anr. vs. Shri Bhiva B. Meshram) 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. MAY 04, 2010. This Court issued notice for final disposal on 07.03.2010 and directed the petitioner – employer to deposit undisputed amount. The undisputed amount of Rs.21,008/- has been deposited with the Registry of this Court by the petitioners. Thereafter as the employee did not appear though he is served, the matter was adjourned and today again he is not present. I have heard Shri Jibhkate, learned counsel for the petitioners in this back ground. His short contention is, the period of service according to the respondent is from 01.09.1987 to 30.06.1990 and the proceedings before Labour Court are under Section 33- C(2) of Industrial Disputes Act, 1947, (hereinafter referred to as the Act). The claim disclosed in that application under Section 33-C(2) of the Act ought to have been looked into and amount in excess thereof could not have been given. He has invited attention to the fact that according to the respondent, his salary during the relevant period was between Rs.7/- per day 2 to Rs.8/- per day. He argues that the petitioner – Gram Panchayat is very small establishment and is not in a position to pay more amount and the Labour Court has as per Government Circular issued in the year 2000, granted rate of Rs.500/- per month to the respondent. I have perused the impugned order. It appears that the reliance upon the Government Circular to fix the amount of salary at Rs.500/- per month is unsustainable. The records also show that the employee was dismissed on 31.12.1998 and communication at Exhs. 61 and 63 reveal that at that time, the respondent was being paid Rs. 208/- per month. In this situation, it is apparent that the Labour Court under Section 33-C(2) of the Act, ought to have attempted to find out what was the minimum rate of wages at the relevant time. It is not possible for this Court to observe more at this stage because the respondent though served has chosen not to appear. In this situation, the amount of Rs.21,008/- deposited by the petitioners with the Registry of this Court is allowed to be withdrawn by present respondent. The registry of this Court to transfer said amount to the office of Labour Court, Bhandara and Labour Court, Bhandara will permit the respondent to withdraw that amount. The impugned judgment dated 07.03.2009 delivered in IDA No. 4 of 1999 is hereby quashed and set aside. The proceedings in IDA No. 4 of 1999 is restored back to the file of Labour Court, Bhandara, to decide the 3 same afresh in accordance with law to find out whether the respondent is entitled to any more amount over and above the amount withdrawn by him. As the matter is being sent back, Labour Court, Bhandara, shall attempt to decide the same as early as possible and in any case by 31st December 2010. The petitioners to appear before Labour Court at Bhandara, on 19th May 2010 and Labour Court shall then issue notice of proceedings to the respondent along with the intimation that he can withdraw the amount of Rs.21,008/- in deposit with it. Writ Petition is accordingly partly allowed. No order as to costs. JUDGE *GS.