1. Petitioner Municipal Council has sought to assail judgment and order dated 11th September 2007 passed by the Member, Industrial Court, Amravati whereby the petitioner is directed to pay the wages as nonmatric clerk to the respondent no. 1 for the period during which he has actually worked on the post of Octroi Clerk.

2. Respondent no. 1 filed Complaint ULP No. 743 of 1996 before the Industrial Court, Amravati stating that he was initially appointed as Peon in 1964 and thereafter in the year 1969 petitioner Municipal Council directed him to work as Octroi Clerk. However, petitioner failed to pay wages and privileges as are applicable to nonmatric clerks. Respondent no. 1 thus alleged that petitioner indulged into unfair labour practice as covered by items 5, 6 and 9 of Schedule IV of the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971.

3. Heard learned counsel for the parties. Perused the complaint, oral and documentary evidence and impugned judgment & order.

4. It appears that the learned Member of Industrial Court was guided by the admission in the course of cross-examination of the witness examined by petitioner as well as