Nanded Muncipal Council,Nanded. v. Prabhakar Bajirao Joshi.
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO. 884 OF 1997 Nanded Municipal Council, Nanded, through its Chief Officer.
...Petitioner
Versus
1.
Shri Prabhakar S/o. Bajirao Joshi and 64 others, all r/o Near Old Water Tank, Bus-Stand Road, Nanded, Taluka and District Nanded.
(R. No. 1 died on 13/05/2013) 2.
Vyankappa S/o. Rajappa 3.
Ekbal Sulatan 4.
Sayyad Mahamad Sayad Ahemad 5.
Shankar Somaji Jamdade 6.
Shankar S/o. Tukaram Jamdade 7.
Narayan S/o. Datta Sontakke 8.
Valmik S/o. Vithoba Bidkar 9.
Ramkishan S/o. Pandurang Bramkar 10.
Nagnath Malikarjun Nathani 11.
Maroti S/o. Hashappa 12.
Govind S/o. Namdeo Ghodke 13.
Kerba S/o. Deoba Sonsale 14.
Chandu S/o. Kishan Waghmare 15.
Ashraf Alli S/o. Munar Alli 16.
Shamrao S/o. Digambar Bhosikar
17.
Nagnath S/o. Namdeo Panchal 18.
Vasant Madhavrao Berlikar 19.
Padmakar S/o. Vyankatrao Bhosle 20.
Rajanna Durgayya 21.
Sayyad Ahemad Sayyad Maddar 22.
Shankar Maroti Talewar 23.
Keshavrao Ganpatrao Pande 24.
Elthaskhan Samsirkhan 25.
Kiran Tukaram Shastri 26.
Vishnupant Kashinath Yannawar, 27.
Mahamad Khaja Abdul Rahim 28.
Shaikh Mahemud Shaikh Haidar 29.
Imankhan Rahimkhan 30.
Ramu Karansingh 31.
Shankar Anantrao 32.
Mhebuballi Sadikhalli 33.
Yadgir Lalayya 34.
Shankar Babarao Pawade 35.
Mahadu Kerba Lokhande 36.
Bhivaji Mujanji 37.
Namdeo Shripati 38.
Pasha Mainoddin 39.
Ashok Laxman Aatawale 40.
Ratnakar Nagnathrao Uttarwar
41.
Gangadhar Naganna Hippargekar 42.
Baburao Gangadhar Hanwate 43.
Gulam Dastagir 44.
Anant Bhagwat Jagalpure 45.
Safi Jabbar 46.
Waman Sindhu Bhaure 47.
Hari Bhujanga Gajbhare 48.
Ganpat Jalba Bhure 49.
Vishwanath Narhari Aatawale 50.
Kashinath Jalabaji Godbole 51.
Kishan Ramchandra Bhosle 52.
Namdeo Chandu Done 53.
Arjun Sambhaji Gaware 54.
Dnyanoba Bhujanga Aatawale 55.
Hushen Khan Rahim Khan 56.
Milind Narayan Aatawale 57.
Vijay Nathu Chaure 58.
Datta Sopan Bhorge 59.
Gangaram Vithal 60.
Mahamad Hamid Mahamad Khaja 61.
Sayed Babu Sayed Ahemed 62.
Sattaji Maroti 63.
Anant Narhari Aatawale
64.
Vyankati Hari 65.
Hushen Alli Sabet Alli All are Major, Occu. Service, R/o. Nanded. C/o. Shri. P.B. Joshi, Near Old Water Tank, Nanded.
...Respondents.
...
Advocate for Petitioners : Shri M.D.Narwadkar h/f Shri M.V.Deshpande Advocate for Respondent 1 : Shri Parag Shahane h/f Shri P.L.Shahane Respondents 2, 10, 23, 26, 29 & 30 : Abated.
Respondents 3 to 9, 11, 12 to 21, 22, 24, 25, 27, 28, 31 to 34, 37 to 54, 55 to 65: Served ...
CORAM : RAVINDRA V. GHUGE, J.
Dated: November 17, 2016 ...
ORAL JUDGMENT :- 1.
The petitioner / municipal Council is aggrieved by the judgment of the Industrial Court dated 19.11.1996, by which, Complaint (ULP) No.278 of 1994 (Old No. 75 of 1990) was partly allowed and the petitioner was directed to calculate the amount of over time allowance / compensation, which may be due and payable to the respondent / employees, whose names were mentioned in Schedule "A" and make the payment on the basis of the actual days on which the employees had worked on holidays and for extra time.
2.
This Court had admitted this petition on 12.6.1998. By order dated 7.12.2000, this Court recorded the statement of the petitioner that the petitioner would comply with the impugned order of the Industrial Court within three weeks and therefore, the Contempt proceedings under Section 48(1) of the the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 ("the said Act ") initiated by the respondent / employees were stayed for three weeks.
3.
The petitioner / Municipal Council has subsequently become the Nanded Waghala City Municipal Corporation. Considering the directions of this Court dated 7.12.2000, I do not find it appropriate to cause any interference in this matter after the passage of 16 years. Similarly, I do not find any reason to interfere with the impugned judgment in the light of the observations of the Industrial Court in paragraph No.9 of the order which reads as under:- "9.
Coming to the question of granting monetary relief the employees have filed their statements of claim along with the complaint. These claims have neither been substantiated by documentary proof about actual working by the employees on either side, since the Council refused to produce log books showing the actual working hours of the employees since 1983. Further the employees have not shown at shat rate to
overtime has been claimed and for how many hours in the month. Therefore, the proper course open to this Court is to issue direction to the respondent No.2 to calculate over time allowance and the amount of compensation due to the employees working on national holidays etc. as per the circulars issued by the State Government from time to time and at prevailing rates applicable from time to time to the employees working in the local body."
4.
Considering the above, this petition is disposed off. Rule is discharged.
5.
Needless to state, if the statement recorded by this Court on 7.12.2000 in terms of the order of the Industrial Court, has not been complied with, the same shall be complied with within 12 weeks from today and the petitioner shall pay interest at the rate of 3% per annum on the amounts payable, if any, w.e.f. January 2001 till actually paid.
( RAVINDRA V. GHUGE, J. ) ...
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