Sadiq Shafi Qureshi v. Mr. Amarlal Daulatani, Executive Director, The Corporate Bank And 4 Others

CP193-13.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR.

Contempt Petition No.193/2013 in Writ Petition No.988/2006 (D) ( Sadiq Shafi Qureshi .vs. Mr. Amarlal Daulatani, Ex.Director and others. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's orders Petitioner in person.

Mr. C.S. Samudra, Advocate for Respondent Nos. 1 to 5. CORAM : B.R. Gavai & P.N. Deshmukh, JJ.

DATED : February 2, 2016.

1.

Vide our order dated 10.07.2015, on the agreement between the parties we have referred the issue to the Central Auditor i.e. B.K. Ramadhyani & Co. Bangalore. Both the parties had also filed an undertaking that they will abide by the report of the said Auditor.

2.

Accordingly a report has been filed by B.K. Ramadhyani & Co., Chartered Accountants. The perusal of the report which is exhaustive would reveal that the Auditor has found that the fitment of the pay-scale of the petitioner has been arrived at correctly and that the petitioner has reached a stage of stagnation which is equally applicable to all similarly situated employees. The Auditor has also found that they were unable to ascertain the basis on which the petitioner has arrived at the basic pay of Rs.31,100/-. In that view of the matter we do not think it appropriate to go into all these disputed question of fact in the contempt proceedings. If the petitioner is still aggrieved, he may take recourse

CP193-13.odt to such remedy as is available to him in law. 3.

The proceedings are, therefore, disposed of reserving the rights of the petitioner as are permissible in law.

JUDGE JUDGE halwai