Maharashtra State Seeds ... vs Balkrishna S/O Shadeorao ...
2023 Latest Caselaw 326 Bom

                                                                1                    17-wp-47-23.odt


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH AT NAGPUR

                                   WRIT PETITION NO. 47/2023
                     Maharashtra State Seeds Corporation Ltd. & Another
                                            Vs.
                           Balkrishna s/o Sahadeorao Wankhade
Office Notes, Office Memoranda                           Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders

                                  Mr. Jemini Kasat, Adv. for the Petitioners

                                  CORAM:         AVINASH G. GHAROTE, J.

DATED : 9th JANUARY, 2023

It is not disputed by Mr. Kasat, learned counsel for the petitioners that the respondent had approached the Labour Court, challenging his termination and the Labour Court by the order dated 17/5/1999 have directed reinstatement, however, without backwages. In a revision before the learned Industrial Court, by both the sides, the revision preferred by the respondent came to be allowed by the judgment dated 03/03/2000 granting backwages from 15/9/1994, till the date of reinstatement, after deducting the intervening period for which the offer was given by the petitioner for reemployment and was refused and so also, the period for which some of the complainants had actually worked, after adjustment of retrenchment compensation and other payments made. The revision filed by the present petitioner was dismissed by the same judgment. The writ petition there-against before this Court being 2 17-wp-47-23.odt

Writ Petition No.1324/2000 came to be dismissed on 20/03/2014. The respondent thereafter had filed proceedings under Section 33(C)(2) of the Industrial Disputes Act seeking payment made. The learned Labour Court by the order dated 27/7/2022 had allowed the said application and directed the payment of an amount of Rs.13,33,800/- with interest @6% p.a. from the date of application till realization (page 76).

2. Mr. Kasat, learned counsel for the petitioners submits that the impugned order cannot be sustained as it is not in consonance with direction No.3 as is contended in the judgment of the learned Industrial Court dated 03/3/2000 (page 5). Learned counsel therefore, shall place on record the calculations which according to him indicate the actual amount payable in terms of the direction No.3 of the judgment dated 03/03/2000.

3. List the matter along with Writ Petition No.244/2023, Writ Petition Stamp No. 20083/2022 and Writ Petition Stamp No.20086/2022 on 23/01/2023.

Digitally signed by:MILIND JUDGE P DESHPANDE Signing Date:10.01.2023 10:40 MP Deshpande