Bhaurao Chavan Sahakari Sakhar ... vs The Manging Director The ...
2022 Latest Caselaw 9068 Bom

                                  {1}                WP 12233 OF 2021 & ANR.


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD
              WRIT PETITION NO.12233 OF 2021
  BHAURAO CHAVAN SAHAKARI SAKHAR KARKHANA LTD. THR. ITS
         MANAGING DIRECTOR SHAM B.PATIL AND ANR.
                             VERSUS
   THE MANAGING DIRECTOR, THE MAHARASHTRA STATE CO-OP.
                 BANK LTD. MUMBAI AND ORS.
                               ...
         Advocate for Petitioners : Shri S.B.Ghatol Patil
        AGP for Respondents-State : Shri S.B.Pulkundwar
                               ...
              WRIT PETITION NO.9120 OF 2022
       SHRI SUBHASH SUGAR PVT. LTD. THROUGH ITS MANAGING
            DIRECTOR THROUGH ITS AUTHORIZED OFFICER
                                VERSUS
      RASHTRAWADI SAKHAR KAMGAR SANGHATANA THROUGH ITS
         PRESIDENT SHIVAJI DATTARAO CHAVAN AND OTHERS
                                   ...
             Advocate for Petitioner : Shri Swapnil S. Rathi
           AGP for Respondents-State : Shri S.B.Pulkundwar
                                   ...
                                 CORAM : M.G.SEWLIKAR, J.

                                DATE :      12th September, 2022
 PER COURT :-

 1.       Heard.


 2.       Writ Petition No.12233 of 2021 is not on board.             On the

request of learned counsel for the petitioners, this petition is taken

on board.

3. Learned counsel for the petitioners submits that Hutatma

Jaywantrao Patil Sahakari Sakhar Karkhana has gone in liquidation.

The petitioners were the auction purchasers. Sale certifcate was

issued on 27th November, 2012. He submits that respondent No.4 -

{2} WP 12233 OF 2021 & ANR.

Rashtrawadi Sakhar Kamgar Sanghatana has fled an application

under Section 33(C)(2) of the Industrial Disputes Act for unpaid

wages from the auction purchaser i.e. the petitioners. The

petitioners had fled Writ Petition No.10399 of 2014 in which it was

observed that the petitioners could not have been directed to pay

salary to respondent No.2 for the period he was working with

Hutatma Jaywantrao Patil Sahakari Sakhar Karkhana. It was further

held that sale certifcate nowhere states that the petitioners were

liable to pay dues of the workers. Shri Ghatol Patil, learned counsel

for the petitioners submits that this Judgment was brought to the

notice of the Labour Court.

4. In view of this, issue notice to the respondents, returnable on

15th November, 2022. Learned AGP waives service of notice for

respondent Nos.2 and 3.

5. Interim relief in terms of prayer clause-'D' of Writ Petition

No.12233 of 2021.

6. In view of the order passed in Writ Petition No.12233 of 2021,

issue notice to the respondents in Writ Petition No.9120 of 2022,

returnable on 15th November, 2022. Learned AGP waives service of

notice for respondent Nos.3 and 4. Shri S.B.Ghatol Patil, learned

counsel waives service of notice for respondent Nos.5 and 6.

( M.G.SEWLIKAR ) JUDGE SPT