J.CHELAMESWAR, A.M.SAPRE
Secretary Mahatama Gandhi Mission – Appellant
Versus
Bhartiya Kamgar Sena – Respondent
JUDGMENT :
Chelameswar, J.
1. Leave granted.
2. The first appellant in all these three appeals is a charitable trust registered under the Bombay Public Trusts Act, 1950. The first appellant established and has been administering two engineering colleges, one at Nanded and another at Aurangabad in the State of Maharashtra. The first respondent appears to be an unregistered body of persons who are the employees of the first appellant. They are the staff of the abovementioned two engineering colleges belonging either to the category of teaching or non-teaching staff. The details of which are not necessary for the purpose of this case.
3. In the year 2002, the first respondent and others (some non-teaching members in the employment of the appellant) approached the Bombay High Court by way of a Writ Petition No. 333 of 2002 praying that the respondent therein (which included the authorities of the State of Maharashtra) be directed to extend the benefits of the revised pay scales as recommended by the Fifth Pay Commission set up by the Government of India to the employees of the appellant herein. The said writ petition was allowed by a judgment dated 19th December, 2003 by the Division Bench
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