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WP3552.05(J)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.

3552/2005

1]

Mr. Shakir Khan Khalil Khan Pathan,

Aged – Major, Occ. Nil.

R/o Adiwasi Nagar, Badnera.

District Amravati.

2]

Bhartiya Janata Kamgar Mahasangh,

Maharashtra, Tilak Putla, Mahal,

Nagpur.

Reg.No.NGP/4153 through General Secretary

for itself and for the petitioner no.1 as power of

Attorney holder.

....... PETITIONERS

...V E R S U S...

1]

Maharashtra State Textile Corporation Ltd.

Lotus House, Sir Vithaldas Thackersey Marg,

Mumbai-400 020, through its Managing Director,

2]

State of Maharashtra,

through its Chief Secretary,

Mantralaya, Mumbai.

....... RESPONDENTS

-------------------------------------------------------------------------------------------------------------

Shri S.A.Kalbande, Advocate for petitioners.

Shri M.R.Puranik, Advocate for respondent no.1.

Ms. N. P. Mehta, Assistant Government Pleader for respondent no. 2.

–------------------------------------------------------------------------------------------------------------

CORAM : A.S.CHANDURKAR and PUSHPA V. GANEDIWALA, JJ.

THE ARGUMENTS WERE HEARD ON 6^th JANUARY, 2022.

THE JUDGMENT IS PRONOUNCED ON 19^th JANUARY, 2022.

JUDGMENT (Per A.S.Chandurkar, J.)

The petitioner no.1 and other members of the Bhartiya Janata

Kamgar Mahasangh - the petitioner no.2 which is a registered trade union

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WP3552.05(J)

comprising of employees of the erstwhile Vijay Mills, Badnera seek a

declaration that the policy decision of the State Government - the respondent

no.2 in the matter of payment of ex-gratia amount on the closure of textile

mills be declared to be binding on the respondents by granting the petitioners

who were employees of Vijay Mills, Badnera ex-gratia amount on the lines of

Gujrat Pattern which provides for higher amount of compensation. The

petitioners seek implementation of the decision taken by the State Cabinet of

the Government of Maharashtra on 10.01.2001 by extending such benefits to

the petitioners who had opted for the same by submitting their resignations.

The amount of compensation is claimed with interest @12% per annum from

2001 and a challenge is raised to the decision of the State Government dated

10.03.2006 refusing to grant such compensation on the Gujrat Pattern to the

members of the petitioner no. 2 -Union.

2]

The facts relevant for considering the prayers made in the writ

petition are that it is the case of the members of the petitioner no.2-Union that

they were working at Vijay Mills, Badnera. An application under Section 25 O

of the Industrial Disputes Act, 1947 (for short, ‘the said Act’) was made before

the Labour Commissioner on 07.02.1997 seeking permission to close down

said mill. The Labour Commissioner rejected that application on 02.05.1997

and the order was challenged by the respondent no.1. This Court on

19.06.2001 allowed the writ petition preferred by the respondent no.1 and

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WP3552.05(J)

consequentially allowed the closure application made by the respondent no.1

under Section 25 O of the said Act. The judgment of this Court was

challenged before the Hon’ble Supreme Court by Rashtriya Sut Girni Mazdoor

Sangh, a representative Union. In the meanwhile, the petitioner no.1 and

other members of the petitioner no.2 totalling about 43 members submitted

their resignations on the advise of the Management as it is their case that they

were promised that the benefits as per Gujrat Pattern would be extended to

them. As per this pattern ex-gratia amount was to be calculated by granting

35 days salary for each completed year of service and 25 days salary for the

remaining years of service till the employee attained the age of 60 years

alongwith gratuity being the salary for a period of 15 days. The petitioners

claim ex-gratia amount on this basis which known as ‘Gujrat Pattern’.

Pursuant to the permission granted under Section 25 O of the