University Of Mumbai Thr. Registrar v. Sunil Tanga Pagare And ORS

R.M. AMBERKAR (Private Secretary) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE CIVIL APPELLATE JURISDICTION JURISDICTION WRIT PETITION NO. 13500 OF 2023 University of Mumbai through its Registrar .. Petitioner

Versus

Sunil Tanga Pagare & Ors.

.. Respondents ....................

 Mr. Rui A. Rodrigues a/w Mr. Jainendra Sheth for Petitioner  Mr. S.C. Naidu a/w Mr. Sudeshkumar Naidu, Mr. Pradeep Kumar, T.R. Yadav and Mr. Abhishek Ingale i/by C.R. Naidu & Co for Respondents ...................

CORAM

: MILIND N. JADHAV, J.

DATE : DECEMBER 22, 2023 P.C.

:

1.

Heard Mr. Rodrigues, learned Advocate for Petitioner and Mr. Naidu, learned Advocate for Respondents.

2.

At the outset, Mr. Rodrigues would submit that Writ Petition is required to be amended to maintain a challenge to the interlocutory order dated 20.04.2023 passed by the learned Industrial Court in the Application filed below Exhibit U-13 in the pending Complaint (ULP) No. 215 of 2022 whereby there is a direction to the Petitioner University to deposit the arrears of salary of 16 months of the 108 employees and a further direction to deposit the wages of the Respondents in the Court (emphasis supplied) on or before 7th day of every month till disposal of the main Complaint. He would submit that Application dated 20.01.2023 filed below Exhibit U-13 was

adjudicated and decided by the learned Industrial Court by order dated 20.04.2023 whereby the Application was partly allowed by giving the aforementioned directions. He would submit that pursuant thereto, Respondents have filed Misc. Criminal Complaint Nos. 73/2022 & 74/2022 before the Labour Court, Mumbai wherein after taking cognizance, process / warrant has been issued. When this Writ Petition was heard by me in the first instance on 06.12.2023, after briefly hearing the learned Advocates, it was directed that no coercive steps be taken in respect of the execution of the warrant issued against the Petitioner and its officials in the Misc. Criminal Complaints. At that time, across the Bar submission was made that a considered attempt would be made by the Petitioner to resolve the issue without prejudice to the rights and contentions of both the parties. It appears that till date no reconciliation has been attempted. 3.

Today when the matter is called out Mr. Naidu would submit that the grand total of arrears of salary for 16 months of the 108 employees is Rs. 2,04,58,832/-. The computation and calculation of arrears of salary for 16 months of the 108 employees is taken on record and marked "X" for identification. Hard copy of the same is handed over to Mr. Rodrigues in Court before me today. For reference and convenience, the said Computation and Calculation is scanned and reproduced below:-

4.

It is seen that not only the aforementioned amount i.e. Rs. 2,04,58,832/- is required to be deposited in Court as per the order dated 20.04.2023 which is now sought to be challenged by way of amendment, a further direction contained in the said order calls upon the Petitioner to deposit the future wages of the Complainants i.e. 108 employees in the Court on or before the 7th day of every month till the disposal of the main Complaint.

5.

In view of the above, I have impressed upon Mr. Rodrigues that there will be no impediment to allow the draft amendment which is proposed by the Petitioner but subject to a caveat. Petitioner will have to abide by the orders passed by the Industrial Court and more specifically the order dated 20.04.2023 and deposit the aforementioned amount of Rs. 2,04,58,832/-. This is so because, the original ULP Complaint is pending adjudication. Not only that, apart from the above arrears, the wages are also directed to be deposited on or before the 7th day of every month and Petitioner shall also deposit the same as directed. An undertaking to this effect shall therefore be filed by the Petitioner within a period of two weeks from today in this Court that the deposits will be made. The deposit of the above arrears shall be positively made with the Industrial Court within a period of four weeks from today. All contentions of the parties are then

expressly kept open and the present Petition can be disposed of with appropriate directions to dispose of the principal ULP Complaint. 6.

After deliberating on the issue and hearing the learned Advocates, it is Mr. Rodrigues's submission that if this Court directs adjudication and disposal of the Complaint (ULP) No. 215/2022 within a time bound manner, it will enure to the benefit and interest of both the sides rather than continue with this Petition. In view of the interlocutory order dated 20.04.2023, there is a direction to the Petitioner to regularly deposit the amount of salary before the 7th day of each month in the Court. Mr. Naidu agrees that it is a fair suggestion but states that the order dated 20.04.2023 passed by the learned Industrial Court should then be complied with by the Petitioner during the interregnum in its true letter and spirit and the amounts be stood deposited in the Industrial Court.

That is the precise reason as to why I have directed the Petitioner University to file the undertaking. Dr. Sunil Bhirud, I/C. Registrar, Mumbai University whose name and designation is given by Mr. Rodrigues is directed to file the undertaking to the effect that the entire arrears amount as per the above computation shall be deposited by the University unconditionally within a period of four weeks from today in the Industrial Court. Mr. Rodrigues after taking instructions agrees to the same. In view of this, the hearing in Misc.

Nos. 73/2022 & 74/2022 before the Labour Court shall stand deferred by a further period of four weeks from today and the protection granted by this Court to the Petitioner in the order dated 06.12.2023 shall also stand extended till four weeks from today. 7.

In view of the above undertaking to be filed by Petitioner and deposits to be made as directed, Complaint (ULP) No. 215/2022 is directed to be disposed of finally within a period of 12 months from today. In respect of the deposited amount, it shall be open to the parties to make an appropriate application before the Industrial Court and if so made, the same shall be decided on its own merits strictly in accordance with law.

8.

Liberty to the parties to apply in the event if any eventuality arises.

9.

In view of the above directions, Writ Petition is disposed. Amberkar [ MILIND N. JADHAV, J. ] Digitally signed by RAVINDRA MOHAN AMBERKAR Date:

2023.12.22 19:14:06 +0530 RAVINDRA MOHAN AMBERKAR