Ahmednagar Zilla Shetmajoor Union v. Mahatma Phule Agricultural University
2004-08-30
A.K.MATHUR, S.N.VARIAVA
body2004
DigiLaw.ai
ORDER : S.N. Variava and A.K. Mathur, JJ. Heard the parties. These contempt petitions have been filed claiming that the order of this Court dated 24-7-2001, Mahatma Phule Agricultural University v. Nasik Zilla Sheth Kamgar Union, (2001) 7 SCC 346 has not been complied with inasmuch as: (i) Payment on account of earned leave, sick leave and casual leave has not been made to all. (ii) Payment on account of torch and cell as per clause (iv) of the award in Reference (IT) No. 48 of 1981 has not been made. (iii) Twenty workers in the Botany Department at Solapur of the respondent University have not been paid the wage difference of the period 1987 to 31-7-1993. (iv) The petitioner Union was never given any copy of the seniority list which is claimed to have been published. 2. So far as Item 1 is concerned, there is a dispute as to whether all workmen have completed 240 days of actual uninterrupted work in a period of 12 months for a consecutive period of three years. According to Mr Bobde all workmen who have fulfilled the above criteria have been paid. This is disputed. In our view, it is not for this Court to resolve this dispute. We, thus, direct that all those who claim that they fulfil the criteria and have not been paid, will be entitled to approach the Industrial Court to establish their claim. If on facts it is finally found that they have met the criteria, then they will be paid as per the award. 3. As regards Item 2, in our view there is no question of payment in lieu of torch cells. What we had directed in our judgment is that watchmen required to work at night would get the required torch cells. This necessarily applied prospectively i.e. those who are thereafter assigned duty, during night-time would get the torch cells. 4. As regards Item 3, Mr Bobde makes a statement that in May 2004 these payments have been made. The statement is so recorded. 5. As regards Item 4, it cannot form part of the contempt petitions, as it is not a part of our order. The same is thus not pressed. The contempt petitions staid disposed of with no other orders thereon.