M/S. Chaitanyawadi Urban Cr. ... vs The Learned 4Th Labour Court & Anor
2016 Latest Caselaw 3023 Bom

                                            1                                           wp1231.08




                                                                                     
                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                      




                                                             
                               NAGPUR BENCH, NAGPUR.


     WRIT PETITION NO.1231 OF 2008




                                                            
     M/s. Chaitanyawadi Urban Credit 
     Co-operative Society Ltd., 
     Near Ramana Maruti, Ramana Maruti




                                               
     Nagar, Umred Road, Nagpur, 
     through its President.    ig                                     ....       PETITIONER


                         VERSUS
                             
     1) The Learned Fourth Labour Court
         at Nagpur, Near Hislop College, 
      

         Temple Road, Civil Lines, Nagpur.
   



     2) Shri Ramesh s/o Udaram Bokade,
         R/o Dhanwantari Nagar, Behind 
         Panchavati Ashram, Umred Road, 
         Nagpur.                                                      ....       RESPONDENT





     ______________________________________________________________
                 Shri N.W. Almelkar, Advocate for the petitioner,
      Shri K.R. Lule, Assistant Government Pleader for the respondent No.1,
              Shri S.R. Bhongade, Advocate for the respondent No.2





      ______________________________________________________________

                      
                                     CORAM : Z.A. HAQ, J.

DATED : 20 JUNE, 2016 th

ORAL JUDGMENT :

1. Heard Shri N.W. Almelkar, Advocate for the petitioner-

employer, Shri K.R. Lule, Assistant Government Pleader for the

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respondent No.1 and Shri S.R. Bhongade, Advocate for the respondent

No.2-employee.

2. The employer filed this petition challenging the order

passed by the Labour Court allowing the application filed by the

employee under Section 33-C(2) of the Industrial Disputes Act, 1947

and directing the employer to pay Rs.67,807/- to the employee. This

Court, by the order dated 03-04-2008, issued Rule and stayed the

effect, operation and execution of the order passed by the Labour

Court on condition that the employer deposits the amount with the

Registry of this Court. The employer has deposited the amount and it

is kept in nationalised bank in fixed deposit.

3. The employer has given up the challenges raised in the

petition on merits of the matter.

The only submission made on behalf of the petitioner is

that subsequently the employee was dismissed and the complaint filed

by the employee is also dismissed by the Labour Court, and that the

employer has filed dispute before the Co-operative Court against the

employee for recovery of amount of Rs.1,18,000/- and interest on it

and the dispute is pending since 2007. The learned Advocate has

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submitted that if the employee is permitted to withdraw the amount

deposited by the employer before this Court, then even if the employer

succeeds before the Co-operative Court, it will not be possible for it to

recover the amount from the employee.

4. In the circumstances, the following order is passed :

(i)

The Co-operative Court is directed to decide the Dispute

No.166/2007 filed by the present petitioner till

06-01-2017.

(ii) The amount of Rs.67,807/- deposited by the petitioner

with the Registry of this Court shall be continued in the

nationalised bank in fixed deposit, until further orders.

(iii) The parties are granted liberty to move application for

payment of the amount, after the disposal of the dispute

by the Co-operative Court.

(iv) The petition is disposed in the above terms.

(v) In the circumstances, the parties to bear their own costs.

JUDGE

adgokar