Bombay High Court
Shrirampur Taluka Kapus Utpadak ... vs Changdeo Nivrutti Lahare And ... on 9 March, 2016
Bench: R.V. Ghuge
WP/9618/2014
1
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.9618 OF 2014
Shrirampur Taluka Kapus Utpadak
Sahakari Sutgirni Maryadit,
Shrirampur, Tq. Shrirampur,
Ahmednagar, through its
Liquidator / Collector, Ahmednagar. ..Petitioner
Versus
1. Changdeo Nivrutti Lahare,
Deceased, through L. Rs.:-
(a) Pratap Changdeo Lahare
(b) Sharad Changdeo Lahare
(c) Rajendra Changdeo Lahare
All major, Occ. Agriculturists,
All r/o Wakadi, Dighi Road,
Taluka Rahata, Dist. Ahmednagar.
2. The Assistant Commissioner
of Labour, Ahmednagar.
3. Tahsildar and Taluka
Executive Magistrate,
Shrirampur, Dist. Ahmednagar. ..Respondents
...
Advocate for Petitioner : Shri Suryawanshi Nitin B.
Advocate for Respondents 1(a) to 1(c) : Shri Barde Parag Vijay
AGP for Respondents 2 & 3 : Smt. Raut S.S.
...
CORAM : RAVINDRA V. GHUGE, J.
Dated: March 09, 2016
...
ORAL JUDGMENT :-
1. Heard.
2. Leave to bring L.Rs. of respondent No.1 on record is granted.
WP/9618/2014
Addition be carried out forthwith. Shri Barde, learned Advocate appears on
behalf ofthe L.Rs. of deceased respondent No.1 / employee and waives
service.
3. Rule.
4. By consent, Rule is made returnable forthwith and the petition is
taken up for final disposal.
5.
The petitioner is aggrieved by the impugned Revenue Recovery
Certificate ("RRC") dated 3.10.2013, by which respondent No.3 has initiated
steps to recover amount from the petitioner as arrears of land revenue
under the Arrears of Land Revenue Act, 1890.
6. Shri Suryawanshi, learned Advocate for the petitioner has strenuously
criticized the impugned certificate. Contention is that though the Labour
Court has granted monetary benefits to the deceased / employee upto
27.5.1994, the impugned certificate indicates an exaggerated amount. He
submits that initially, the deceased employee, who was dismissed from
service, had approached the Labour Court by filing Application BIR No.16 of
1984. The enquiry was set aside. The petitioner preferred Revision IC No. 1
of 1990, which was allowed and the removal of the employee was held to be
legal, proper and valid.
7. The employee had approached this Court in Writ Petition No.3029 of
WP/9618/2014
1991. By the judgment of this Court dated 14.1.2010, though the judgment
of the Industrial Court was set aside, this Court opined that as the charges
had become stale and the petitioner had gone into liquidation, the
direction to conduct a fresh enquiry by the Labour Court was quashed and
set aside.
8. He further submits that the Labour Court then by judgment dated
11.8.2010 allowed the application and set aside the order of dismissal,
dated 20.1.1984.
ig The legal dues and backwages from 20.1.1984 till
27.5.1994 were directed to be paid. The petitioner has calculated the
amount as set out in the chart at page No.56 and an amount of
Rs.2,20,000/- are required to be paid to the legal heirs of the deceased /
employee. Shri Suryawanshi, therefore, prays for setting aside the
impugned certificate.
9. Shri Barde, learned Advocate for the L.Rs. of the deceased
employee, vehemently supports the impugned certificate. He submits that
an amount of Rs.7940/- towards suspension allowance, bonus of Rs.22,712/-
and unpaid earned leave of Rs.4,443/- will also have to be taken into
account.
10. He disputes the calculations set out in page No.56 but submits that
the monthly wages have been rightly taken into account by the petitioner in
the said chart. He, therefore, prays for a direction to the petitioner to pay
all legal dues as per the impugned revenue recovery certificate and dismiss
WP/9618/2014
this petition with costs.
11. I have considered the submissions of the learned Advocates.
12. It is undisputed that the Labour Court has granted monetary benefits
to the deceased employee upto 27.5.1994. Though the deceased employee
has calculated his amount of arrears in a different manner, the chart at
page No.56 is said to be indicative of the correct monthly wages. If that be
so, the amount of Rs.2,19,730/- (approximately Rs. 2,20,000/-) could be
said to be a correct figure. The suspension allowance of about Rs. 7,940/- ,
the leave pay of about Rs.4433/- and the bonus of about Rs. 22,712/- would
approximately be an amount of Rs.35,000/-. By adding the same to the
amount of Rs.2,20,000/- would bring the arrears to Rs.2,55,000/-.
13. The petitioner has deposited Rs.1,00,000/- in this Court and which
must have gathered interest for the past about 14 months. No doubt, the
said amount of Rs.2,55,000/- would have become payable to the deceased
employee in August, 2010. Taking into account the interest component, an
addition of Rs. 20,000/- for the past 5 years, in my view, would sufficiently
compensate the legal heirs of the deceased employee.
14. In the light of the above and taking into account the totality of the
factors recorded as above, this petition is partly allowed. The impugned
certificate dated 3.10.2013 stands modified with a direction to the
petitioner to pay an amount of Rs.2,75,000/- to the legal heirs of the
deceased employee. Consequentially, the amount deposited with interest
WP/9618/2014
shall be withdrawn by the legal heirs from this Court. The petitioner shall,
therefore, pay an amount of Rs.1,75,000/- to the L.Rs. within a period of
twelve weeks from today.
15. Rule is made partly absolute, accordingly. No order as to costs.
( RAVINDRA V. GHUGE, J. )
...
akl/d
