JUDGMENT:- The Writ Petition No.3234 of 2006 is directed against the order is order dated 23rd March, 2006 passed by Member, Industrial Court. Nagpur in Complaint (U.L.P.) No.1044 of 2000. Petitioner Employer before this Court is a co-operative spinning mill i.e. a textile industry while the Respondents arc its employees. It is duly registered under the provisions of Maharashtra Co-operative Societies Act. 1960 as a co-operative society, By impugned order. Industrial Court has directed Employer to pay wages to employees after adjusting 50% amount there of already paid because of its interim orders. It has declared that employees arc entitled to wages until their services are brought to an end by adopting due procedure of' law and has held that Employer has indulged in unfair labour practice under Items 9 of Schedule IV of Maharashtra Recognition Of Trade Union and Prevention Of Union Labour Practices Act, 1971 (hereinafter referred to be as MRTU Act) by not paying wages to these employees. Representative Union has filed Writ Petition No.4295 of 2006 for modification of that order of Industrial Court by adding in it a direction to pay the quantified amounts mentioned against name of each employee in the list exhibits 117 and 118 on the ground that Industrial Court has failed to consider that these dues are/were payable to each employee before it. This Court has on 7/2/1007 ordered disposal of both these writ petitions at the stage of admission itself. In W.P. 3277/2008 same challenge is being raised by the Employer in relation to subsequent similar judgment dated 19/4/2008 of the Industrial Court in individual 117 ULP Complaints filed by the workers. At the earlier hearing at the thresh bold, Advocate Kulkarni appearing for workers therein attempted to point out that due to Government intervention the dispute about salary was settled to the satisfaction of employees and present Writ Petition had become infructuous. This was denied by the Petitioner and it was stated that though steps were taken in that direction, ultimately no settlement could be reached. Advocate Puranik urged that the Respondents should withdraw their U.L.P. Complaints if they claimed any settlement. Advocate Kulkarni then preferred to argue the Writ Petition on merits but then on 3/2/2009 made request by a pursis to refer the matter to lok-adalal as State Government had initiated steps for settlement. The letter dated 16/10/2008 accompanying it written by Asst. Secretary' of State Govt. to Director of Textiles expresses that Mill can not be restarted and hence out of court settlement should be attempted. Advocate Puranik denied possibility of any such settlement and informed that he had instructions to argue the Petitions on merit.

2. Employer is a co-operative society registered on 15/6/1962 under the provisions of Maharashtra Co-operative Societies Act. 1960 ("MCS' Act hereafter) established with object of running a Spinning Mill in co-operative sector. It started working in 19(16 with about 1100 workers. It was governed by Bombay Industrial Relations Act. 1946. referred to as B.I.R. Act hereafter. Rashtriya Mill Mazdoor Sangha is the representative Union for local area of Nagpur Municipal Corporation under B.I.R. Act for textile industry. On 9/5/1996 Additional Registrar Co-operative Societies. Nagpur passed an interim order for winding up affairs of Employer Society under section 102 of MCS Act. This interim order appointing Liquidator was confirmed by another order i.e. final order on 24/6/1996 and Liquidator continued to run Spinning Mill for its beneficial winding up. As amount of Rs.5.65.00.000/ only (Five Crore Sixty five Lakhs Only) was outstanding towards its electricity bills. State Electricity Board disconnected power supply from 8/10/1996 and thereafter the Mill could not be run even for beneficial winding up. Liquidator could not pay wages of employees for September. 1996 and for few days they worked in month of October. 1996. The Representat

Click Here to Read the rest of this document