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Judgment
Anil R. Dave, J.—The applicant Union has made the following prayers in this Civil Application:
[A] That unpaid wages and allowances etc. as directed by Your Lordships in Civil Application No. 170 of 2005 vide order at Annexure-Y dated 10.1.2006 may please be directed to be paid within 10 days;
[B] Pending the above payment, the lump sum payment of Rs. 3000/- for each month may please be directed to be paid immediately i.e. within day or two;
[C] xxxx
[D] xxxx
The order which had been passed in Civil Application No. 170 of 2005 dated 10th January, 2006, was challenged before the Hon''ble Supreme Court by filing Special Leave Petition. In the said Special Leave Petition, the Hon''ble Supreme Court had passed an order dated 11th September, 2006, confirming the aforesaid order dated 10th January, 2006 passed by the High Court, whereby it was directed that the concerned members of the Union should be paid wages at the rate of RS.190/- per day.
Learned advocate Shri Shahani appearing for the applicant Union has submitted that the afore-stated orders have not been complied with by the Opponent authorities till today.
Looking to the facts of the case, learned advocate Shri Shahani was asked to ventilate his grievances before opponent No. 3 by addressing a letter and, therefore, learned advocate Shri Sahani had addressed a letter dated 13/12/2006 wherein the grievances which had not been redressed, had been mentioned.
Learned advocate Shri Naik has submitted that, most of the grievances ventilated in the said letter have been redressed, and so as to substantiate his submissions, he has filed an affidavit of Shri Sher Singh Pathania, Manager (Security), dated 27th February, 2007.
Looking to the facts of the case and having heard the learned advocates for the parties, the following directions are given to the opponents:
[a] The District Superintendent of Police, Mehsana shall file an affidavit stating whether all members of Gram Rakshak Dal (GRD), who had been deployed to guard the properties of the ONGC Ltd., have been paid their wages upto 31st January, 2007. If, in fact, he finds that the wages have not been paid to anyone, the same shall be paid on or before 15th March, 2007. We are conscious of the fact that the wages are paid by the ONGC Ltd. through the D.S.P., Mehsana. We have been informed by learned advocate Shri Naik appearing for the ONGC Ltd. that the entire amount payable to such persons as per the bills raised by the D.S.P., Mehsana had already been paid to the D.S.P., Mehsana and, therefore, if any amount has remained unpaid to the concerned member of the Gram Rakshak Dal, the same shall be paid forthwith, as directed hereinabove.
[b] The D.S.P., Mehsana is further directed to look into the cases of two members of Gram Rakshak Dal, namely, [1] Shri Ramaji Tejaji Thakor, and [2] Shri Bhikhaji Pradhanji Thakor, and to see that the said members are paid their wages till they were superannuated. If they have not been paid their wages for the period during which they had rendered their services, the D.S.P., Mehsana shall immediately raise necessary bills and forward the same to the ONGC Ltd., so that the unpaid payment can be made to the said two members, on or before 15th March, 2007.
[c] So far as [1] Shri Umedji Babbaji Thakor, [2] Shri Ambaram Varubhai Nadia, and [3] Shri Ashok Kumar Chandulal are concerned, it has been submitted that the bills with regard to amount payable to them have already been sent by the D.S.P., Mehsana to the ONGC Ltd. The ONGC Ltd. shall make payment in respect of the said bills to the D.S.P., Mehsana on or before 10th March, 2007, and the D.S.P., Mehsana shall disburse the said amount to the afore-stated three members on or before 15th March, 2007.
[d] So far as Chehraji Rajaji Thakor is concerned, the D.S.P., Mehsana is directed to look into his case and find out as to what amount is paid to him, on or before 10th March, 2007. He shall also look into the matter and shall submit the bill with regard to the amount payable to the said person by the ONGC Ltd., so that the said amount can be disbursed and the said member of Gram Rakshak Dal can be made payment on or before 15th March, 2007.
[e] There appears to be a dispute with regard to identity of Shri Babusingh U. Makwana because of some discrepancy in his name. The said gentleman has been identified as the person having Badge No. 23783, who was enrolled as a Member of the Gram Rakshak Dal on 6th January, 1986, and he has been posted at Well No. 5 of Village Linch. It shall also be seen whether any amount has still remained unpaid to him, and if any amount has remained unpaid, the D.S.P., Mehsana shall prepare the bill and forward the same to the ONGC Ltd., so that the said person can get his wages on or before 15th March, 2007.
[f] So far as the D.S.P., Ahmedabad [Rural] is concerned, Shri Takhaji Laxmanji, who has been deployed by him, has not been paid his wages, because bill in respect of his wages has not been prepared and forwarded to the ONGC Ltd. The D.S.P., Ahmedabad [Rural] shall look into the facts with regard to the payment of his wages and forward the bill to the ONGC Ltd., on or before 9th March, 2007 so as to see that the said member of the Gram Rakshak Dal is made payment on or before 15th March, 2007. The D.S.P., Ahmedabad [Rural] shall also file his affidavit stating as to what amount has been paid to said Shri Takhaji Laxmanji.
[g] There appears to be some dispute with regard to the termination of services of some of the Members of Gram Rakshak Dal on the ground of their attaining the age of 50 years. This Court would not like to go into the said fact as they are disputed questions of facts.
In view of the above directions, the application stands disposed of, as granted to the above extent.
It is directed that the D.S.P., Mehsana and the D.S.P., Ahmedabad [Rural] shall file their affidavits, stating compliance of the above directions, on or before 21st March, 2007, and the said affidavits shall be taken on record.
It is directed that the affidavits shall be placed before the concerned Court so as to know whether the above directions of this Court are complied with or not.
As observed by the Hon''ble Supreme Court, the Letters Patent Appeal No. 26 of 2005 be notified for final hearing on 19th March, 2007. A copy of this order be kept along with the papers of Letters Patent Appeal No. 26 of 2005.
The Registry is directed to give intimation of this order forthwith to the D.S.P., Mehsana and the D.S.P., Ahmedabad (Rural).