Bombay High Court
Manohar Kashiram Thakre And 9 ... vs Collector, Nagpur And 2 Others on 7 March, 2016
Bench: V.A. Naik
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 1355 OF 2014
PETITIONERS :- 1) Manohar Kashiram Thakre, Aged 60 years,
2) Bapurao Gulabrao Mahurle, Aged 61 years,
3) Gajananrao Shankarrao Dakhorkar, Aged 63
years,
ig 4) Amrut Mukunda Nawghade, Aged 67 years,
4-A)Smt.Manda Wd/o Amrutrao Nawghade,
Aged 65 years, R/o C/o Amit S/o Gyanivant
Titirmare, R/o 28/4 Somwari Peth Quarter,
Budhwar Bazar, Sakkardara, Nagpur-
440009.
5) Govardhan Manikrao Kadu, Aged 63 years,
6) Ravi Parasram Bhalerao, Aged 45 years,
7) Deochand Govindaji Bhongade, Aged 68
years,
8) Ranbahadur Deviram, Aged 66 years,
9) Kashiram B. Chauriwar, Aged 51 years,
10) Tikabahdur Tulvir Poon, Aged 67 years,
All R/o C/o M.K.Thakre, Behind I.C. Chowk,
Hingna Road, MIDC, Nagpur.
...VERSUS...
RESPONDENTS :- 1) Collector, Nagpur. Collector Compound, Civil
Lines, Nagpur.
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2) Industrial Court, Nagpur, Civil Lines,
Nagpur.
3) Tahsildar, Hingna, Tahsil Office, Hingna,
District Nagpur.
4) M/s. L.K.Engineering Industry, Plot No.W-
49, MIDC, Hingna Road, Nagpur through its
Partner Shri Arvind Rajaram Shette, R/o
House of N.R.Bhagat, Plot No.A/8, H.I.G.
Housing Board Colony (Mhada), Trimurti
Nagar, Nagpur (Police Station, Ranapratap
Nagar, Nagpur)
ig 5) Maharashtra Industrial Development
Corporation, Udyog Bhavan, 5th Floor, Civil
Lines, Nagpur, Through its Regional
Manager.
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Mr. M.V. Mohokar, counsel for the petitioners.
Mr.N.H.Joshi, Asstt. Govt. Pleader for the respondent Nos.1 to 3.
Mr.A. S. Dabadghao, counsel h/f Mr. D. V. Chauhan, counsel
for the respondent No.4.
Mr. A. D. Sonak, counsel for the respondent No.5.
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CORAM : SMT. VASANTI A. NAIK &
V. M. DESHPANDE, JJ.
DATED : 07.03.2016
O R A L J U D G M E N T (Per Smt.Vasanti A. Naik, J.)
Rule. Rule made returnable forthwith. The petition is
heard finally with the consent of the learned counsel for the parties.
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2. By this petition, the petitioners seek a direction to the
respondent Nos.1 and 3-Authorities for effecting the recovery of an
amount of Rs.4,54,500/- as per the Recovery Certificate, dated
03/01/2012 issued by the respondent No.2-Industrial Court, Nagpur.
3. According to the petitioners, despite the issuance of the
Recovery Certificate in view of the culmination of the proceedings filed
by the petitioners under the Provisions of Maharashtra Recognition of
Trade Unions & Prevention of Unfair Labour Practices Act, 1971, the
respondent Nos.1 and 3-Authorities are not taking effective steps to recover
the said amount from the respondent No.4.
4. Shri Dabadghao, the learned counsel holding for Shri D.V.
Chauhan, the learned counsel for the respondent No.4, states on
instructions from the respondent No.4 that the entire amount would be
deposited by the respondent No.4 in this Court in two installments. It is
stated that an amount of Rs.2,00,000/- would be deposited within
one month and the balance amount of Rs.2,54,500/- would be
deposited in the next month. It is stated that the respondent No.4
would deposit the amount of Rs.2,00,000/- on or before 07/04/2016
and the second installment would be deposited on or before
07/05/2016.
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5. In view of the statement made on behalf of the respondent
No.4, the grievance of the petitioners would stand redressed. Hence, by
accepting the statement made on behalf of the respondent No.4, which
would be binding on the respondent No.4, we allow the writ petition.
The petitioners are entitled to withdraw the amount so deposited, in
equal shares. Rule is made absolute in the aforesaid terms with no
order as to costs.
JUDGE JUDGE
KHUNTE
