Bombay High Court
Baljindersingh Kundansingh vs State Of Maha & Ors on 5 December, 2017
Bench: S.P. Deshmukh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.2751 OF 2003
Baljindarsingh s/o Kundansingh,
Age : 37 years, Occu. at present Nil,
R/o Zambad Estate, New Shreya Nagar,
Tapi Apartment, Ist Floor,
Aurangabad PETITIONER
VERSUS
1. The State of Maharashtra,
through Secretary,
Revenue & Forest Department,
Mantralaya, Mumbai
2. The Collector and District
Magistrate, Collectorate,
Aurangabad, Dist. Aurangabad
3. Tahsildar and Taluka Magistrate,
Tahsil Office, in the campus of
Old Collectorate, Aurangabad
4. The Ellora Steels Ltd.,
through its Manager,
E-26, 27, M.I.D.C. Area,
Chikalthana, Aurangabad
5. Shri Narendrakumar s/o Raghunandlal
Gupta, Age : 40 yrs., Occu. Director
(Ellora Steels Ltd),
Ellora Steel Ltd.,
R/o 58, 59, Sector N-1, CIDCO,
Aurangabad
6. Shri Harshvardhan Gupta,
Age : 40 years, Occu.
Director (Elllora Steels Ltd.),
R/o Aurangabad
7. Debt Recovery Tribunal,
LIC Building, Cannaught Garden,
Near CIDCO Office, Aurangabad
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2 WP2751-2003
8. Bank of Maharashtra,
Kranti Chowk, Jalna Road,
Aurangabad RESPONDENTS
----
Mr. A.G. Ambetkar, Advocate for the petitioner
Mr. P.K. Lakhotiya, A.G.P. for the respondent/State
Mr. A.D. Kasliwal, Advocate for respondent No.8
----
CORAM : SUNIL P. DESHMUKH AND
SANGITRAO S. PATIL, JJ.
DATE : 5th December, 2017
ORAL JUDGMENT :
Heard learned counsel appearing for the
parties.
2. Petitioner, an erstwhile employee of respondent
No.4 Company, had been before Labour Court, Aurangabad
in Application (I.D.) No.16 of 1997. The Labour Court,
under its order dated 8th March, 2003, had directed
respondent No.4 to pay to petitioner an amount of
Rs.78,750/- with interest at the rate of 9% per annum
from the date of application till realization of the
amount. After aforesaid order of the Labour Court,
Labour Commissioner, had been approached for
implementation of the Award. The Commissioner had issued
certificate dated 25th June, 2002, as per the provisions
of Section 33-C (1) and (4) of the Industrial Disputes
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Act, 1947, requesting the Collector, Aurangabad to
recover the amount under the Award. Accordingly, it was
expected that said amount would be recovered by the
Collector. However, no steps were taken by the office of
the Collector and as such, this petition has been moved.
3. It appears that as referred to in reply filed
on behalf of the State that attempts were made to
recover the amount under the Award by sending
communication which had not been fruitful. It further
appears that the Tahsildar-Respondent No.3, in his
reply, has referred to that the Company had gone in
liquidation and had been a BIFR Company. It further
appears that some proceedings for recovery of the dues
had been initiated by the creditors before the Debt
Recovery Tribunal ("DRT", for short) and some amounts
were recovered in those proceedings. Out of the said
amounts, pursuant to the orders of this Court dated 8 th
February, 2004, an amount of Rs.1,28,362/-, lying with
the DRT, had been called to this Court and accordingly,
said amount has been deposited in this Court, which is
lying with the Registry of this Court since then.
4. Learned counsel for respondent No.8 contends
that the amount has been recovered in the proceedings by
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the creditors before the DRT and as such, the amount
would be required to be paid in accordance with the
legal position as may appear from the relevant
provisions of law. Although this has been so submitted
on behalf of the respondents, undisputed position is
that petitioner has been awarded sum of Rs.78,750/- with
interest thereon at the rate of 9% per annum and that
amount is due to the petitioner. Further, during
pendency of this petition, petitioner had moved Civil
Application No.3224 of 2004 for withdrawal of sum of
Rs.93,565/-. Said application was rejected by this Court
vide order dated 21st March, 2005, observing that the
relief claimed in said civil application would
tantamount to the final relief in writ petition.
5. In the circumstances, looking at that
petitioner had been claiming the amount pursuant to the
certificate issued in his favour and that the amount is
towards claim of a workman and is not huge. While amount
is deposited in this Court for a pretty long time
without being objected to and/or claimed by creditors of
respondent No.4, we deem it appropriate that without
dragging petitioner any further and/or driving him to
other fora, it would be expedient that writ petition is
allowed with the following order :-
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5 WP2751-2003
ORDER
(i) We direct that from the amount deposited in
this Court the petitioner be allowed to withdraw an
amount of Rs.93,565/- alongwith interest accrued thereon
in fixed deposit from the date of deposit of said amount
in this Court.
(ii) Rest of the amount be sent back to the office
of the Debt Recovery Tribunal, Aurangabad.
(iii) Rule is made absolute in aforesaid terms.
[SANGITRAO S. PATIL] [SUNIL P. DESHMUKH]
JUDGE JUDGE
npj/WP2751-2003
