CHELAMESWAR,J. - (1.) Leave granted.
(2.) The first appellant in all these three appeals is a charitable trust registered under the Bombay Public Trusts Act, 1950. The first appellant established and has been administering two engineering colleges, one at Nanded and another at Aurangabad in the State of Maharashtra. The first respondent appears to be an unregistered body of persons who are the employees of the first appellant.They are the staff of the abovementioned two engineering colleges belonging either to the category of teaching or non-teaching staff. The details of which are not necessary for the purpose of this case.
(3.) In the year 2002, the first respondent and others (some non-teaching members in the employment of the appellant) approached the Bombay High Court by way of a Writ Petition No. 333 of 2002 praying that the respondent therein (which included the authorities of the State of Maharashtra) be directed to extend the benefits of the revised pay scales as recommended by the Fifth Pay Commission set up by the Government of India to the employees of the appellant herein. The said writ petition was allowed by a judgment dated 19 th December, 2003 by the Division Bench of the Bombay High Court 11. Considering the above, we are of the opinion that the Petition will have to be allowed by issuing the following directions. (1) Dr. Babasaheb Ambedkar Marathwada University, Aurangabad, is directed, within a period of three months from today, to enforce the pay-scales in terms of the Rules, and on failure by Respondent No. 2, to make the payment to the non-teaching in terms of the Rules so also to take steps according to law including withdrawal of recognition of the Respondent No. 2 as an affiliated college; (2) The Respondent No. 3, considering the Affidavit filed before this Court and the terms of recognition, within a period of three months from today, is directed to see that the Respondent No. 2 implements the recommendations of Fifth Pay Commission and on failure to do so, to take steps to withdraw the recognition according to law; Rule made absolute accordingly. There shall be no order as to costs. (Para 14 of the Judgment) giving various directions to Dr. Babasaheb Ambedkar Marathwada University, Aurangabad (Respondent No. 5 in that Writ Petition). ;