1

IN

IN

IN

THE

THE

THE

HIGH

COURT

OF

JUDICATURE

AT

BOMBAY

HIGH

COURT

OF

JUDICATURE

AT

BOMBAY

HIGH

COURT

OF

JUDICATURE

AT

BOMBAY

O.O.C.J.

O.O.C.J.

O.O.C.J.

WRIT

WRIT

WRIT

PETITION

NO.

255

OF

2001

PETITION

NO.

255

OF

2001

PETITION

NO.

255

OF

2001

Swan

Mills

Limited,

15,

Tokersey

Juvraj

Road,

Sewri, Mumbai 400 014.

...

Petitioner

Vs.

1.

Shri.

Sakharam

Dhondu

Panchal,

Shinde

Wadi

No.

2,

Dr.

Ambedkar

Road,

Mumbai

400

013.

2.

Shri.

S.K.

Salgaonkar,

Presiding

Officer,

11th

Labour

Court,

Bandra

(E),

Mumbai 400 051.

...

Respondents

WITH

WRIT

PETITION

NO.

256

OF

2001

Swan

Mills

Limited,

15,

Tokersey

Jivraj

Road,

Sewri, Mumbai 400 015.

...Petitioner

Vs.

1.

Shri.

Sakharam

Dhondu

Panchal,

Shinde

Wadi

No.

2,

Dr.

Ambedkar

Road,

Mumbai

400

013.

2.

Shri.

S.K.

Salgaonakr,

Presiding

Officer,

11th

Labour

Court,

Bandra

(East),

Mumbai

400

051.

3.

Appellate

Authority

Under

the

Payment

of

Gratuity

Act,

1972,

Commerce

Centre,

Tardeo,

Mumbai

400

034.

Mr.

V.P.

Vaidya

for

Petitioner.

Mr.

Arshad

Shaikh

with

Mr.

M.

Londhe

i/by

Sanjay

2

Udeshi

&

Co.

for

Respondents.

WITH

WRIT

PETITION

NO.

2053

OF

2002

Mr.

Sakharam

Dhondu

Panchal,

Shinde

Wadi,

No.

2,

Dr.

Ambedkar

Road,

Mumbai 400 014.

...

Petitioner

Vs.

M/s.

Swan

Mills

Limited,

15,

Tokersy

Jivraj

Road,

Sewree, Mumbai 400 015. ...

Respondent

Mr.

Arshad

Shikh

with

Mr.

M.

Londhe

i/by

Sanjay

Udeshi

&

Co.

for

Petitioner.

Mr.

V.P.

Vaidya

for

Respondent.

CORAM

:

F.I.

REBELLO,J.

DATED

:

JULY

30,

2004

ORAL

JUDGEMENT

:

1.

All

these

petitions

are

being

disposed

of

by

common

order

as

they

involve

financial

benefits

to

be

paid

to

the

Respondents,

consequent

to

the

order

passed

in

his

favour

by

the

Appellate

Authority

under the provisions of the Bombay Industrial

Relations Act on 12.10.1985.

2.

Writ

Petition

No.

255

of

2001

is

by

the

Employer

challenging

the

order

of

the

Appellate

Authority

passed

in

Application

IDA

No.

646

of

1996

dated

30.10.2000.

That

order

came

to

be

3

passed

in

proceedings

under

Section

33(c)(2)

taken

out

by

the

Respondents

in

terms

of

the

order

of

the

Appellate

Authority

allowing

his

application

for

setting

aside

the

order

of

dismissal

and

consequential

benefits.

By

the

impugned

order,

the

learned

Labour

Court

has

been

pleased

to

direct

the

petitioners

to

deposit

sum

of

Rs.2,47,224/-

which

was

payment

of

full

back

wages

within

a

month

from

the

date

of

the

order

failing

which

the

said

amount

would carry interest at the rate of 9% p.a.

whichever is earlier.

3.

Writ

Petition

No.

256

of

2001

is

by

the

Employer

challenging

the

order

made

by

the

Appellate

Authority

dated

10.10.2000

whereby

appeals

preferred

by

the

Petitioner

as

also

by

Respondent

No.

1

against

the

order

dated

10.4.2000

of

the

Controlling

Authority

under

the

Payment

of

Gratuity

Act

were

dismissed.

The

Controlling

Authority

by

his

order

dated

10.4.2000

allowed

the

application

by

the

Respondent

No.

1

herein

for

gratuity

and

directed

that

the

sum

of

Rs.43,230/-

be

paid

along

with

interest

at

the

rate

of

15%

from

28.6.1996 till the date of actual payment of

gratuity to the applicant.

4

.

Writ

Petition

No.

2053

of

2002

is

by

the

workman

impugning

the

order

of

the

Appellate

Authority

dismissing

his

app