1 IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE SIDE SIDE SIDE WRIT WRIT WRIT PETITION NO. 8694 OF 2006 PETITION NO. 8694 OF 2006 PETITION NO. 8694 OF 2006 SHRI LAXMAN SAKHARAM GAIKWAD ... PETITIONER VS. MS/ RAJ POWER PARTS & ENGG.COMPANY P.LTD. ... RESPONDENTS. MS. ANJALI S. RANADE FOR THE PETITIONER. MR. A.D.PATWARDHAN FOR RESPONDENTS. ..... ..... ..... CORAM CORAM CORAM : : : A.P.DESHPANDE, J. A.P.DESHPANDE, J. A.P.DESHPANDE, J. DATE DATE DATE : February 6, 2007. : February 6, 2007. : February 6, 2007. ..... ..... ..... P.C. P.C. P.C. 1.1.1. By By By the present petition, the Judgment and the present petition, the Judgment and the present petition, the Judgment and Order, Order, Order, dated 15.4.2006, passed by the 3rd Labour dated 15.4.2006, passed by the 3rd Labour dated 15.4.2006, passed by the 3rd Labour Court, Court, Court, Pune, is challenged. The Petitioner employee Pune, is challenged. The Petitioner employee Pune, is challenged. The Petitioner employee moved moved moved the Labour Court under Section 33(c)(2) of the the Labour Court under Section 33(c)(2) of the the Labour Court under Section 33(c)(2) of the Industrial Industrial Industrial Disputes Act claiming the arrears of Disputes Act claiming the arrears of Disputes Act claiming the arrears of difference difference difference in in in the wages paid to the petitioner and to the wages paid to the petitioner and to the wages paid to the petitioner and to the the the one to which he was entitled, on account of one to which he was entitled, on account of one to which he was entitled, on account of fixation fixation fixation of minimum wages. The Petitioner claimed of minimum wages. The Petitioner claimed of minimum wages. The Petitioner claimed that that that he was paid Rs. 105 since the year 1985 till he was paid Rs. 105 since the year 1985 till he was paid Rs. 105 since the year 1985 till 2 February, February, February, 2002 and it was then contended that the 2002 and it was then contended that the 2002 and it was then contended that the minimum minimum minimum wages wages wages fixed for a painter were Rs. 155/- per fixed for a painter were Rs. 155/- per fixed for a painter were Rs. 155/- per day. day. day. The Petitioner failed to place on record any The Petitioner failed to place on record any The Petitioner failed to place on record any material material material or or or document to establish the fixation of the document to establish the fixation of the document to establish the fixation of the minimum minimum minimum wages in a sum of Rs. 155/- per day and on wages in a sum of Rs. 155/- per day and on wages in a sum of Rs. 155/- per day and on that that that count the Labour Court has held that the count the Labour Court has held that the count the Labour Court has held that the Petitioner Petitioner Petitioner has utterly failed to establish the claim has utterly failed to establish the claim has utterly failed to establish the claim sought sought sought to be made out towards the difference of the to be made out towards the difference of the to be made out towards the difference of the wages wages wages for a period of about 16 years. for a period of about 16 years. for a period of about 16 years. 2.2.2. ItItIt was the case of the 3rd respondent before was the case of the 3rd respondent before was the case of the 3rd respondent before the the the Labour Court that in fact on 15.1.2003, the Labour Court that in fact on 15.1.2003, the Labour Court that in fact on 15.1.2003, the Petitioner Petitioner Petitioner resigned the service and received towards resigned the service and received towards resigned the service and received towards his his his full and final settlement, a sum of Rs. full and final settlement, a sum of Rs. full and final settlement, a sum of Rs. 16,120/-. 16,120/-. 16,120/-. Be as it may, I am informed at the bar Be as it may, I am informed at the bar Be as it may, I am informed at the bar that that that in regard to the said resignation/ termination, in regard to the said resignation/ termination, in regard to the said resignation/ termination, a dispute has already been referred and the same is dispute has already been referred and the same is dispute has already been referred and the same is pending pending pending adjudication in Labour Court. adjudication in Labour Court. adjudication in Labour Court. 3.3.3. Perused Perused Perused the Order passed by the Labour Court. the Order passed by the Labour Court. the Order passed by the Labour Court. No No No interference interference interference is called for in exercise of the writ is called for in exercise of the writ is called for in exercise of the writ jurisdiction. jurisdiction. jurisdiction. The Petition stands summarily The Petition stands summarily The Petition stands summarily dismissed. dismissed. dismissed. ..... ..... ..... [A.P.DESHPANDE, [A.P.DESHPANDE, [A.P.DESHPANDE, J.] J.] J.]