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2013 Supreme(Bom) 2604

R.M.SAVANT
Goa Ship Yard Limited, through its Chairman and Managing Director – Appellant
Versus
Vishwas D. Honavarkar – Respondent


Advocate Appeared
For the Petitioners:Sudesh Usgaonkar with Ms. R Pereira, Advocates.
For the Respondents:V.A. Lawande, Ms. P. Kaur, Ms. M. Pinto, Advocates.

JUDGMENT

1. The above Writ Petitions are cross Petitions. Writ Petition No.199 of 2008 is filed by Goa Shipyard Limited through its Chairman and Managing Director, and Writ Petition No.664 of 2008 is filed by 19 workmen employed (the 19 workmen for short) with the Goa Shipyard Limited through their association. Both the Petitions take exception to the Award of the Industrial Tribunal/Labour Court-I, Panaji Goa dated 26/10/2007. In so far as Writ Petition No.199 of 2008 is concerned, the challenge by the Goa Shipyard Limited (GSL for short) is to the Award to the extent it grants the benefits of the pay-scales recommended by the Justice Mohan Committee Report (JMCR for short) with effect from 01/01/2007, and in so far as Writ Petition No.664 of 2008 is concerned, the challenge by the 19 workmen is to the Award to the extent it denies the benefits of the pay-scale under the JMCR from the day they came into force i.e. 01/04/1998.

2. The factual matrix involved in the above Petitions can be stated thus:

The reference in question being Reference IT/2/2007 was preceded by the Writ Petition being filed by the said 19 workmen being Writ Petition No.481 of 2005 in which Writ Petition a direct






























































































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