Bombay High Court
Mungi Vikas Karyakari Seva ... vs The State Of Maharashtra And ... on 30 November, 2016
Bench: R.V. Ghuge
*1* 911.wp.11760.16
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 11760 OF 2016
Mungi Vikas Karyakari Seva Sahakari
Sanstha Maryadit.
Through Secretary,
Mungi, Tq.Shevgaon,
District Ahmednagar.
...PETITIONER
-VERSUS-
1
The State of Maharashtra.
2 Shaikh s/o Sikander Jamalbhai,
Age : 57 years, Occupation : Director,
R/o Mungi, Tq.Shevgaon,
District Ahmednagar.
...RESPONDENTS
...
Advocate for Petitioner : Shri Parnere Satish B
AGP for Respondent 1 : Shri S.N.Kendre.
Advocate for Respondent 2 : Shri D.R.Markad.
...
CORAM: RAVINDRA V. GHUGE, J.
DATE :- 30th November, 2016
Oral Judgment :
1 Rule. Rule made returnable forthwith and heard finally by the
consent of the parties.
*2* 911.wp.11760.16
2 The Petitioner is aggrieved by the order dated 26.10.2016
passed by the Labour Court in Reference (IDA) No.10/1987 by which the
Demand Draft of Rs.75,000/- has been returned to the Petitioner as the
direction of this Court to deposit the same within six weeks from
16.08.2016 while remanding the reference proceedings, has not been
complied with.
3 I have considered the reasons set out in the Writ Petition and
the submissions of the learned Advocates for the respective sides.
4 The learned Advocate for Respondent No.2, who is the
contesting second party workman before the Labour Court and who is
present in the Court, submits on instructions that if the Demand Draft of
Rs.75,000/- is deposited before the Labour Court within two weeks from
today, this petition may be allowed and Respondent No.2/ Employee may
be permitted to withdraw the said amount as per the direction of this
Court below paragraph 9(b) of the judgment dated 16.08.2016.
5 Notwithstanding the above, I find that the order of the Labour
Court could not be termed as being erroneous since the Petitioner failed to
comply with the directions of this Court. However, in order to ensure that
ends of justice are met, I am inclined to allow this Writ Petition by
*3* 911.wp.11760.16
imposing costs of Rs.10,000/- on the Petitioner, who shall deposit the
same in this Court.
6 The learned Advocate for Respondent No.2 submits that the
said amount could be donated to the Advocates' Association of Bombay
High Court, Bench at Aurangabad.
7 In the light of the above, this Writ Petition is allowed. The
order dated 26.10.2016 passed by the Labour Court is set aside. The
Petitioner shall deposit an amount of Rs.10,000/- (Rupees Ten Thousand)
with the Advocates' Association of Bombay High Court, Bench at
Aurangabad within THREE WEEKS from today and shall produce the
receipt of the same before the Labour Court to indicate that the cost has
been deposited. The amount of Rs.75,000/- shall be deposited within
TWO WEEKS from today before the Labour Court.
8 Considering the above, Reference (IDA) No.10/1987 stands
remitted to the Second Labour Court, Ahmednagar on the same terms and
conditions set out below paragraphs 9(b) to 9(f) and 9(h) of the order
dated 16.08.2016. Insofar as the time frame granted to the Labour Court
to decide Reference (IDA) No.10/1987 is concerned, same shall stand
extended upto 30.06.2017.
*4* 911.wp.11760.16
9 Rule is made absolute in the above terms.
kps (RAVINDRA V. GHUGE, J.)
