1 lpa-251-11gr.sxw dgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO. 251 OF 2011 IN CAL/868/2011 WITH CAL/314/2011 Shaikshnik Seva Kendra, through its President and ors. .... Appellant s vs Sikandar Sahadev Beloshe & ors. .... Respondents Mr. S.S. Pakale i/by Mr. Avinash R. Belge for the Appellants. Mr. A.M. Joshi for respondents. CORAM: D. K. DESHMUKH & ANOOP V. MOHTA, JJ. DATE : September 13, 2011 P.C.: Admit. 2 By consent of parties heard finally. 3 By consent of parties, the order dated 29 July 2011 passed in Civil Application No.868/2011 which is impugned in the Appeal is modified as under : (i) The liability of the Appellant is to deposit back wages of the 2 lpa-251-11gr.sxw Respondent for the period from 29 June 2006 to 29 July 2011. (ii)The Appellant has already deposited an amount of Rs. 2,50,000/­. The Registrar shall invest that amount in a Fixed Deposit in any Nationalised Bank to the credit of Writ Petition No.2042/2009. (iii)Within a period of two weeks from today, the Respondent shall appear before the Education Officer, Zilla Parishad, Satara and submit his calculation of the amount of back wages for the aforesaid period. Before submitting that calculation to the Education Officer, a copy thereof shall be served on the Appellant. (iv)The Appellant, within a period of two weeks of receiving the calculation submitted by the Respondent, shall submit its reply before the Education Officer. (v)The Education Officer thereafter shall grant an opportunity of being heard to both the sides and decide according to law what will be the amount of back wages for the aforesaid period. (vi)The Education Officer shall make his order within a period of six weeks from the date on which a reply is filed by the Appellant in terms of this order. 3 lpa-251-11gr.sxw (vii)The Appellant, within a period of four weeks from the date on which the determination is made by the Education Officer, subject to its right to challenge the determination made by the Education Officer, if the amount determined by the Education Officer is in excess of Rs.2,50,000/­, deposit the amount which may be short (In other words while depositing the amount, the amount already deposited shall be taken into consideration). (viii)On the amount being deposited, the Registrar shall invest that amount in a fixed deposit in any Nationalized Bank to the credit of the same writ petition. (ix)Disposal of the amount shall be governed by the final order that may be passed in the writ petition. (x)The order impugned is modified only to the above extent. 4 The Appeal stands disposed of in the above terms. No costs. 5 In view of disposal of Appeal, Civil Application (Lodging) No. 314 of 2011 does not survive for consideration and is disposed of accordingly. (ANOOP V. MOHTA, J.) (D. K. DESHMUKH,J.)