B.P. Dharmadhikari, J.

1. Judgment delivered by learned Single Judge on 8.6.2009 in Writ Petition No. 1274/92 filed by respondents/employees assailing the order of Industrial Court dated 28.2.1992 in Complaint (ULP) Nos. 497/87 to 546/87 is assailed in present appeal by legal heirs of deceased complainant Deorao Gopal Thakre. Deorao Gopal Thakre had filed Complaint (ULP) No. 514/87 urging unfair labour practice under Item 5 and Item 9 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as “the Act No. I of 1972). Deorao and other complainants admittedly worked as Dyers in Dying Department on piecerate basis. To all other employees of respondents, payscales were extended and they continued to receive their wages on piecerate basis. This discrimination and denial of payscale was pointed out as unfair labour practices.

2. Industrial Court has looked into the material made available to it and by order dated 28.2.1992 found Deorao and others entitled to lowest of payscales available in the establishment of respondents, i.e. payscale of Mazdoors. The employer was directed to extend benefit of p