Krishna S/O Shrawanji Tekade And Others v. Shri. Raviraj Ganpat Elawe, Welfare Commissioner Maha. Labour Welfare Board, Mumbai And ANR

17-CP-153-21 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CONTEMPT PETITION NO.153 OF 2021 IN WRIT PETITION NO.6879 OF 2019 (D) Krishna s/o Shrawanji Tekade, Manewada Road, Nagpur and ors. -vsRaviraj Banpat Elawe, Maharashtra Labour Welfare Board, Senapati Bapat Marg, Mumbai and anr.

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Shri Anup D. Dangore, Advocate for petitioners. Shri S. A. Pathak, Advocate for respondent No.1. Shri D. P. Thakare, Additional Government Pleader for respondent No.2.

CORAM : A. S. CHANDURKAR AND G. A. SANAP, JJ. DATE : August 17, 2021 The grievance of the petitioners was non-compliance of the directions issued in Writ Petition No.6879/2019 by order dated 05/02/2021. The following directions were issued in paragraph 8 of the said order which read as under : " 8. ... Having taken note of this grievance, we direct that the Respondent No.2 will take a decision and take necessary action in respect of extending benefit of 7th Pay Commission to the petitioners as stated in the communication dated 8 November 2019 within period of 8 weeks from the date the order reaches the Secretary."

Pursuant to the notice issued in the writ petition affidavit has been filed on behalf of the respondent No.1-Welfare Commissioner, Maharashtra Labour Welfare Board, Mumbai. In that affidavit reference is made to the Government Resolution

17-CP-153-21 2/2 dated 20/07/2021 and it has been stated that as per this Government Resolution the benefits of 7th Pay Commission have been made applicable to the petitioners.

In view thereof by issuance of Government Resolution dated 20/07/2021 the directions issued in the order stand complied with.

It is submitted on behalf of the petitioners that this Court may further direct the respondent No.1-Board to disburse the amount of arrears to the petitioners. We however find that there was no such direction issued in Writ Petition No.6879/2019. It may though be stated that in paragraph 7 of the order passed in the said writ petition a note has been taken of the communication dated 08/11/2019 issued by the Maharashtra Labour Welfare Board that the arrears could be paid when the approval is received. Since the approval is now received, the petitioners are free to take such steps as are permissible in law to receive those amounts pursuant to Government Resolution dated 20/07/2021. As the order passed in writ petition stands complied with, the contempt petition is disposed of.

JUDGE JUDGE Asmita