Bombay High Court
Shri. Deepak Vasant Bhambure vs M/S. Prakash Sewing Machine on 30 July, 2025
Author: Milind N. Jadhav
Bench: Milind N. Jadhav
2025:BHC-AS:32333
904. IA-18647-22.docx
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 18647 OF 2022
IN
WRIT PETITION NO. 3392 OF 2020
Deepak Vasant Bhambure .. Applicant
In The Matter Between
M/s. Prakash Sewing Machine .. Petitioner
Versus
Deepak Vasant Bhambure .. Respondent
....................
Ms. Pratiksha Thube a/w Mr. Yogesh Dabke, Advocates for
Applicant
Mr. Gautam R. Kulkarni i/by Ms. Leena R. Patil, Advocates for
Respondent
...................
CORAM : MILIND N. JADHAV, J.
DATE : JULY 30, 2025
P. C.:
1. Heard Ms. Thube, learned Advocate for Applicant employee and
Mr. Kulkarni, learned Advocate for Respondent Company.
2. Present Interim Application is filed by Applicant employee
seeking withdrawal of the amount of Rs. 2 Lakh along with interest
which came to be deposited by Respondent Company pursuant to the
order dated 19.07.2021 passed by this Court. Writ Petition is filed by
Respondent Company in the year 2020 to set aside the judgment dated
24.07.2017 passed by learned Labour Court and the award passed in
Reference (IDA) No. 806/1990 dated 03.01.2009.
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3. Briefly stated it is an admitted fact on record that Applicant
employee served the Respondent Company for about 23 years
continuously as a mechanic and thereafter his services were
terminated illegally by Respondent Company resultantly leading to lis
between the parties. Learned Labour Court by order dated 03.01.2009
allowed the Reference and directed the Respondent Company to
reinstate the Applicant with continuity of service and full backwages
w.e.f. 21.06.1997. Award was published on 04.03.2009. Award was
not implemented despite repeated correspondence by Applicant
employee. Applicant employee was constrained to approach the
Industrial Court. Before the Industrial Court, Respondent Company
continued its dilatory tactics. They did not even file their written
statement / say. 'No WS' order was passed on 27.04.2011. Ultimately
the Industrial Court decided the matter in favour of Applicant
employee by judgment dated 06.10.2016. Being aggrieved Respondent
Company filed Application for setting aside the order in the said
Reference (IDA) award and argued Misc. (IDA) No. 29/2009 which
came to be dismissed by the impugned judgment dated 24.07.2017.
Respondent Company filed present Writ Petition in this Court in
December 2018. When the Petition was heard in 2021, the order was
passed on 19.07.2021 directing deposit of the amount of Rs. 2 Lakhs.
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4. The aforesaid timeline is stated only to show the ignominy
suffered by the Applicant employee. He has well passed his
superannuation / retirement age today. He has suffered a lot despite
having affirmative orders in his favour only because the present
Petition is pending. Recovery certificates have been issued but once
again the Applicant employee has been running from pillar to post
without any redressal. In this view of the matter, I am inclined to
accept the submissions made by Ms. Thube about travails of the
Applicant which are stated in the Application. Applicant has suffered
at the hands of the system. He has taken all steps as available to him
to recover the amount under the award by approaching the Collector,
Pune as far back in the year 2016. It is seen that recovery certificate
has been issued by Collector, Pune pursuant to which a notice dated
10.04.2018 has already been issued for payment of Rs. 2,47,594/-
within a period of 15 days from the date of the said notice.
5. This Court while admitting the Petition in the year 2021 and
granting stay to the said recovery notice dated 10.04.2018 directed the
Respondent Company to deposit an amount of Rs. 2 Lakh to show its
bonafides. The Applicant despite having rendered his services to the
Respondent Company with an unblemished service record, has been
subjected to the aforesaid predicament which has taken a considerable
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toll on him owing to the protracted litigation, rendering him unable to
meet even his day-to-day expenses.
6. Mr. Kulkarni would inform the Court that arguing counsel Ms.
Patil is unavailable today. However, when this Court expressed its
mind that in above circumstances it shall not adjourn the matter, he
informed the Court that right of the Respondent Company should be
protected and in the event if Respondent Company succeeds in the
Petition ultimately, it should not be put at a loss. I have considered the
request made by Mr. Kulkarni but in the facts of the present case which
are delineated herein above and the ignominy of the Applicant
employee, I can at the highest direct the Applicant to file appropriate
undertaking and nothing more.
7. In view of the above, I see no reason to disbelieve the averments
made in the Application. Indeed the Applicant has suffered mental
trauma over the years and has also faced severe financial difficulties
during the Covid-19 pandemic period. Therefore, taking an overall
holistic view of the matter, I am inclined to accept the submissions
advanced by Ms. Thube and accordingly allow the present Application.
8. In view of my above observations and findings, present
Application is allowed in terms of prayer clause (a) which reads thus:-
"a) This Hon'ble Court be pleased to allow the Applicant to
withdraw Rs. 2,00,000/- (Rupees Two Lakhs Only) along
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with the interest accrued thereon deposited by the
Petitioner before Hon'ble High Court vide order dated
19.07.2021."
9. In view of the above, Registry of this Court is directed to
transfer the deposited amount of Rs. 2 Lakhs by the Company to the
Applicant along with all accrued interest thereon in the name of
Deepak Vasant Bhambure within a period of one week from today
positively. Learned Advocate for Applicant employee shall provide all
details of Applicant's bank account to the Registrar / Department /
Registry of this Court forthwith along with server copy of this order.
Under no circumstances, there shall be delay in transferring the
aforesaid amount. If any fixed deposit is to be broken, same shall be
done immediately for the above compliance. Needless to state that
Applicant shall file undertaking in this Court within a period of one
week from today that in the event if Respondent Company succeeds in
the Petition, he shall bring back the said amount along with interest to
be determined by Court at that time.
10. With the above directions, Interim Application is allowed and
disposed.
Amberkar [ MILIND N. JADHAV, J. ]
RAVINDRA MOHAN
MOHAN Date:
AMBERKAR 2025.07.31
11:10:35
+0530
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