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wp376.22.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR

WRIT PETITION

NO.

376 OF 2022

(Maharashtra State Co-operative Bank Ltd., thr. its Asstt. Manager Nandkishor

Sahebrao Talokar Vs. Vainganga Sahakari Sakhar Karkhana Mazdoor Sangh, thr. its

Joint Secretary Arun Shamrao Hood)

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Office Notes, Office Memoramda of Coram,

appearances, Court's orders of directions

Court's or Judge's orders.

and Registrar’s Orders.

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Mr. Bhushan Joshi, Advocate for Petitioner.

CORAM: ROHIT B. DEO

, J.

DATE: 1 ^st FEBRUARY,

20

22

.

Hearing was conducted through video

conferencing and the learned counsel agreed that the audio

and visual quality was proper.

2.

The petitioner is assailing the common order

dated 26.11.2021 rendered by the Industrial Court

(Maharashtra) in Miscellaneous (ULP) 1/2021 and

Miscellaneous (ULP) 2/2021.

3.

By the common order impugned the Industrial

Court has decided two separate applications preferred by

the employees seeking withdrawal of the amount of

Rs.13,89,84,334/- (Rupees Thirteen Crores Eighty Nine

Lakhs Eighty Four Thousand and Three Hundred Thirty

Four) deposited by the petitioner Bank.

4.

The genesis is the judgment of the Industrial

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Court dated 24.08.2006 directing the management of the

Sakhar Karkhana to pay the employees unpaid salary.

5.

The judgment of the Industrial Court was not

complied with and the employees preferred an application

under Section 50 of the Maharashtra Recognition of Trade

Unions and Prevention of Unfair Labour Practices Act, 1971

(Act) for issuance of recovery certificate. The Industrial

Court vide order dated 27.04.2007 directed the

management of the sugar factory to make the payment of

unpaid salary. This order was challenged before this Court

in Writ Petition 3879/2012 and was upheld vide judgment

dated 01.12.2015. In the interregnum the assets of the sugar

factory were attached and sold by the petitioner Bank.

In Civil Appeal 332/2016 which came to be decided by the

Hon’ble Supreme Court vide judgment dated 04.12.2019,

the Hon’ble Supreme Court held that the petitioner Bank

must pay the employees their dues out of the sale proceeds.

The Hon’ble Supreme Court further noted that since there

was significant delay in payment of dues, the recovery shall

be made by the Collector within a period of six months from

the date of the order. It is in view of the said order of the

Hon’ble Supreme Court that the petitioner Bank has

deposited the amount, which the employees have been

permitted to withdraw.

6.

The petitioner Bank however, opposed the prayer

of the employees for withdrawal contending that the

petitioner Bank has preferred a review petition before the

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Hon’ble Supreme Court. This objection is considered by the

Industrial Court thus:

10]

No doubt, according to the

non-applicant Bank, it has filed Review

Petition before Hon’ble Apex Court which is

pending. The non-applicants have filed

applications Exh.C-4, Exh.C-5, Exh.C-6,

Exh.C-7 and Exh.C-8 for adjournments to

bring appropriate stay order against

disbursement from the Hon’ble Apex Court.

Sufficient opportunity came to be granted

from the month of September upto this date,

but non-applicant Bank failed to secure

appropriate order from Hon’ble Apex Court.

11]

The poor employees are repeatedly

attending the Court on every date in the hope

that this Court would pass some order

regarding disbursement of the amount.

However, on every date case was adjourned

at the instance of non-applicant. Today, none

is present for non-applicant nor any

applic