The Municipal Corporation Latur Through Commissioner v. Abdul Ismail Tamboli And Others

950-wp-13275-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 13275 OF 2019 THE MUNICIPAL CORPORATION, LATUR THROUGH COMMISSIONER

VERSUS

ABDUL ISMAIL TAMBOLI AND OTHERS ...

Advocate for the Petitioner : Shri N. P. Patil Jamalpurkar ...

CORAM : RAVINDRA V. GHUGE, J.

DATED : 08th NOVEMBER, 2019.

...

PER COURT :

1.

The petitioner / Municipal Corporation is aggrieved by the judgment and order dated 13/07/2018 delivered by the Industrial Court, Latur, by which, complaint (ULP) No. 137/2013 fled by the respondent workers has been allowed. The Industrial Court has calculated the diference of amounts to be paid to the respondents keeping in view the 5th Pay Commission recommendations.

2.

Issue notice to the respondents, returnable on 17/12/2019.

950-wp-13275-19.odt 3.

In view of the law laid down in Shewalkar Developers Ltd. Nagpur Vs. Rupee Cooperative Bank Limited, Pune [2016 (1) Mh.L.J. 382], the petitioner shall deposit 75 % of the amounts granted inclusive of 6 % interest to be calculated from the date of fling of the complaint, in this Court on or before 05/12/2019. The respondents would not resort to coercive steps for seeking execution of the impugned judgment.

4.

Copies of the petition paper book, shall be supplied for issuance of notice, on or before 18/11/2019, failing which this petition shall stand dismissed without reference to the Court on 19/11/2019.

(RAVINDRA V. GHUGE, J.) shp/-