Bombay High Court
Zilla Parishad, Gondia Through ... vs Lalitkumar S/O Kawlu Shahare on 9 September, 2021
Bench: Avinash G. Gharote
18.wp.3441.2021.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.3441 OF 2021
Zilla Parishad, Gondia, through its Chief Executive Officer and another
...Versus...
Lalitkumar s/o Kawlu Shahare
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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Mr. Anoopsingh Parihar, Advocate for petitioners.
CORAM : AVINASH G. GHAROTE, J.
DATE : 09/09/2021
Heard Mr. Parihar, learned counsel for the
petitioners.
2. The petition challenges the order dated
27.01.2020 passed by the learned Industrial Court, Bhandara
in Misc. U.L.P. Case No. 1/2019, an application under Section
50 of the Maharashtra Recognition of Trade Unions and
Prevention of Unfair Labour Laws Practices Act, 1971, in
which, learned Industrial Court directed the petitioner /
employer to pay an amount of Rs. 12,98,255/- within a
period of three months to the respondent.
3. Mr Parihar, learned counsel for the petitioner
submits, that an admission as to the receipt of an amount of
Rs.4,87,000/-, given by the respondents in his cross-
18.wp.3441.2021.odt
examination, has not been properly construed by the learned
Industrial Court in the impugned order. A perusal of the
impugned order indicates in para 8 thereof the learned
Industrial Court has found that in respect to the above so
called admission, the petitioners have neither pleaded nor
put any question to the respondents as to on what account or
under what caption the said amount was to be accounted for,
and therefore, held that the same could not be construed as
being a part of the wages.
4. Mr. Parihar, learned counsel for the petitioner
submits that in fact the entire payment due and payable has
already been paid to demonstrate which he placed reliance
upon certain documents at Annexure P - 5, P - 7, however,
these documents were never put before the Industrial Court,
in view of which its consideration now would be
questionable. However, considering the contention issue
notice to the respondents, returnable in three weeks.
5. In order to show the bonafides, if the difference
in amount between Rs.12,98,255/- and Rs. 4,87,000/- which
comes to Rs.8,11,255/- is deposited in this Court by the
petitioners within three weeks from today, there shall be a
stay to be effect and implementation of the judgment dated
27.1.2020 passed by the learned Industrial Court, Bhandara
in Misc. ULP Case No. 1/2019.
18.wp.3441.2021.odt
6. It is made clear that, if the amount is not
deposited within the aforesaid period, the stay as granted
above shall automatically stand vacated without any further
orders being required to be passed in that regard.
JUDGE
Sarkate
