Claims for unpaid wages and benefits can be limited to three years prior to filing, based on ongoing grievances and the doctrine of limitation.

JUDGMENT :

R.M. Joshi , J.

The issue involved in these petitions is as to whether the respondent no.3 ex-employees of the petitioner educational institution are entitled for the monetary benefits of 5th, 6th and 7th Pay Commissions from the date of their entitlement or for the period of three years prior to the filing of the proceeding before the Grievance Committee.

2. Since the facts of the case as well as the substantial issue involved in both the petition is common, by consent of both the sides the petitions are heard and decided by this common judgment.

3. These petitions take exception to the order dated 04-10-2021 passed by Grievance Committee constituted under the Rashtrasant Tukdoji Maharaj Nagpur University, Nagpur in Grievance Petition Nos.6/2019 and 7/2019, whereby the Committee has granted monetary benefits of 5th and 6th Pay Commissions to the respondent no.3 employees from the date of its approval along with the interest @ 9% per annum.

4. The facts which led to filing of these petitions can be narrated in brief as under :-

Petitioner no.1 is a Trust/Society registered under the Bombay Public Trust Act, 1950 as well as the Societies Registration Act, 1860. Petitioner no.1 is running petitioner no.2 unaided college which imparts education of engineering courses. Respondent no.3 in Writ Petition No.2135/2022 was working on the post of Laboratory Assistant whereas respondent no.3 in Writ Petition No.2134/2022 was appointed as a Clerk. There is no dispute about the fact that after completion of satisfactory probation, they were continued in the service and finally on attaining the age of superannuation there was a cessation of employment.

5. It is the case of the employees that in spite of their regular appointment they were not paid salary as per the Rules and that they were denied the benefits of 5th, 6th and 7th Pay Commissions though applicable to petitioner no.2. Respondent no.3 made representation to petitioner no.2 for grant of the benefits of Pay Commissions during the period of their employment, however no benefits of Pay Commissions were not extended to them and on retirement they submitted representations dated 18-07-2017 and 18-08-2017. Since, these representations were rejected by petitioner no.2 on 24-08-2017, these employees preferred grievance petition before respondent no.2 i.e. Grievance Redessal Committee constituted under Section 79 of the MAHARASHTRA PUBLIC UNIVERSITIES ACT , 2016.

6. In the said petition, the employees had sought arrears, wages and gratuity etc to be recovered on the basis of pay scales determined by Pay Commissions. The petitioners appeared before the Committee and opposed the claim. Amongst other contentions, objection was raised with regard to the grievance not being raised by these employees earlier in respect of the pay scale applicable to them. It was also specifically contended that the petition/claim of the employees is barred by limitation. The Committee passed the impugned order granting the entire claim made by the employees and the petitioners were directed to pay arrears of salary from 01-08-1999 to 31-10-2016. It was also held that the employees are entitled to get difference in gratuity on revision of pay scale. The payment was directed to be made along with interest @ 9% per annum. Petitioners being aggrieved by the said order preferred the present petitions.

7. At the outset, learned Counsel for the petitioners makes a categoric statement that the petitioners do not wish to challenge the entire order of the Committee and the challenge in these petitions is restricted to the issue as to whether the employees are entitled for the benefits/arrears of the Pay Co