Bombay High CourtWP/8962/2022disposed off

Abhimanyu Ramchandra Kadam And ORS v. Satara Dist Agricultural Rural And Multipurpose Development Co-Op Bank Ltd. Satara Thr. Its And ANR

2023-10-16Hon'Ble Shri Justice Sandeep V. Marne24 pages

2023:BHC-AS:30961 1 WP 12186-23 @ Others-Judgment.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12186 OF 2023

1. Ramchandra Krishna Phalke Age - 65 years, Occ. - Nil, R/o. Ajinkya Colony, Satarajal, Satara, Tal. & Dist. Satara,

2. Mubarak Jafar Mulani, Age - Major, Occ. - Nil, A/P Limb, Tal & Dist. Satara.

3. Krishna Ramchandra Badadare (Since Deceased) through his Legal Heir Shri Nitin Krishna Badadare A/P Ambavde, Tal. Koregaon, Dist. Satara.

4. Mahadeo Sarjerao Jadhav Age - Major, Occ. - Nil, A/P Belmaci, Tal. Wai, Dist. Satara.

5. Vishvas Tatyaba Gore Age - Major, Occ. - Nil, R/o. Saimangal Karyalay, Vadhe Phata, Satara, Dist. Satara.

6. Ramchandra Balwant Phadatare (Since Deceased) through his Legal Heir Shahaji Ramchandra Phadatare Age - 47 years, Occ. - Service, R/o. Bhuvikas Bank Colony, Daulatnagar, Satara.

7. Ramchandra Parabati Kirdat Age - Major, Occ. - Nil, R/o. Karanje, Satara, Tal. & Dist. Satara

8. Padmakar Appasaheb Aherrao Age - Major, Occ. - Nil, R/o. Prathamesh Apartment, Shaniwar Peth, Tal. & Dist. Satara URS 1 of 24

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9. Vishnu Sakharam Kadam (Since Deceased) through his Legal Heir Shri Santosh Vishnu Kadam A/P Khed, Tal. Koregaon, Dist. Satara.

10. Mahadev Dadu Jadhav Age - Major, Occ. - Nil, R/o. Bhuvikas Colony, Daulatnagar, Satara, Tal. & Dist. Satara.

11. Bhairavsing Jaysingrao Patankar Age - Major, Occ. - Nil, A/P Patan, Tal. & Dist. Satara.

... Petitioners

Versus

1. Satara District Agricultural Rural & Multipurpose Development Co-Operative Bank Ltd., Satara, Through The Liquidator, Narveer Tanaji Marg, Daulat Nagar, Satara.

2. Administrator & Zilha Up-Nibandhak (D.D.R.) ] Dist. Satara & Satara District Agricultural Rural] & Multipurpose Development Co-Operative Bank Ltd., Satara, Narveer Tanaji Marg, Daulat Nagar, Satara.

... Respondents WITH WRIT PETITION NO.12187 OF 2023

1. Mahadev Ravba Ithape Age - 74 years, Occ. - Retired, R/o. Degaon, Tal. Wai, Dist. Satara.

2. Uttam Namdeo Katkar Age - Major, Occ. - Nil, R/o. Raghunathpura Peth, Karanje Peth, Satara, Tal. & Dist. Satara.

3. Eknath Ganpat Nikam Age - Major, Occ. - Nil, R/o. Bhuvikas Bank Colony, Daulatnagar, Satara.

URS 2 of 24

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4. Dattatraya Baburao Nimbalkar Age - Major, Occ. - Nil, R/o. A/P Kolki, Tal. Phaltan, Dist. Satara.

5. Dattatraya Laxman Sakpal Age - Major, Occ. - Nil, R/o. A/P Kenjal, Tal. Wai, Dist. Satara.

6. Namdeo Vitthal Salunkhe Age - Major, Occ. - Nil, R/o. Visapu, Tal. Khatav, Dist. Satara.

7. Sampat Maruti Bhosale Age - Major, Occ. - Nil, R/o. Bhuvikas Bank Colony, Daulatnagar, Satara.

8. Shankar Mahadeo Bhojane Age - Major, Occ. - Nil, A/P Palshi, Tal. Man, Dist. Satara.

9. Sarjerao Sahebrao Yadav Age - Major, Occ. - Nil, R/o. A/P Pargaon,, Tal. Khandala, Dist. Satara.

10. Shivaji Vithoba Jadhav Age - Major, Occ. - Nil, R/o. A/P Chinchner, Tal. & Dist. Satara.

... Petitioners

Versus

1. Satara District Agricultural Rural & Multipurpose Development Co-Operative Bank Ltd., Satara, Through The Liquidator, Narveer Tanaji Marg, Daulat Nagar, Satara.

... Respondents URS 3 of 24

4 WP 12186-23 @ Others-Judgment.odt WITH WRIT PETITION NO.8960 OF 2022

1. Tatyaba Dagadu Suryavanshi (Since Deceased) Through his Legal Heir Smt. Suman Tatyaba Suryavanshi R/o. Bhu-Vikas Bank, Daulatnagar, Satara.

2. Dhanaji Vitthal Pawar Age - Major, Occ. - Nil, R/o. A/P Bhadavde, Tal. Khandala, Dist. Satara.

3. Prabhatkumar Dinkar Khude Age - Major, Occ. - Nil, R/o. Karmaveernagar, Khandobamal, Near Shivraj Pump, Satara.

4. Ramchandra Mahadeo Pawar Age - Major, Occ. - Nil, A/P Mardi, Tal. Man, Dist. Satara.

5. Dnyaneshwar Rajaram Chorge Age - Major, Occ. - Nil, R/o. A/P Kondhave, Tal. & Dist. Satara.

6. Hanmant Anandrao Kadam Age - Major, Occ. - Nil, R/o. A/P Malgaon, Tal. & Dist. Satara.

7. Balkrishna Narayan Pawar Age - Major, Occ. - Nil, R/o. A/P Medha, Tal. Javal, Dist. Satara.

8. Bharat Vitthal Pawar Age - Major, Occ. - Nil, R/o. Prerna, Sadarbazar, Satara, Tal. & Dist. Satara.

9. Hanmant Tukaram Pawar (Since Deceased) Through his Legal Heirs (a) Smt. Mandakini Hanmant Pawar, Wife Age - Major, Occ. - Nil, (b) Shri Arun Hanmant Pawar, Son Age - Major, Occ. - Nil, A/P Arphal, Tal. & Dist. Satara.

URS 4 of 24

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10. Tanaji Eknath Khandagale Age - Major, Occ. - Nil, R/o. A/P Khandala, Tal. Khandala, Dist. Satara.

11. Daulatrao Tulsidas Raut Age - Major, Occ. - Nil, R/o. Golibar Maidan, Bhosale Heritage, Phaltan, Tal. Phaltan, Dist. Satara.

12. Gaurihar Dattatray Mahaparale (Since Deceased) Through his Legal Heir Smt. Bhagirathi Gaurihar Mahaparale, Wife, Age - Major, Occ. - Nil, R/o. Lonar Galli, Raviwarpeth, Satara, Tal. & Dist. Satara.

... Petitioners

Versus

1. Satara District Agricultural Rural & Multipurpose Development Co-Operative Bank Ltd., Satara, Through The Liquidator, Narveer Tanaji Marg, Daulat Nagar, Satara.

... Respondents WITH WRIT PETITION NO.8961 OF 2022

1. Ashok Bapurao Kale Plot No.34/B, Shivnagar, Near Vyankatura Peth, Satara - 415 002.

2. Shri Shankar Bhairu Gurav (Since Deceased) Through his Legal Heirs (a) Smt. Parvati Shankar Gurav, Wife Age - 70 years, Occ. - Nil, R/o. Shivnagar, Shahupuri, Satara, Dist. Satara URS 5 of 24

6 WP 12186-23 @ Others-Judgment.odt (b) Dhananjay Shankar Gurav, Son Age - 49 years, Occ. - Nil, R/o. Shivnagar, Shahupuri, Satara, Dist. Satara

3. Baban Shamrao Kadam Age - Major, Occ. - Nil, R/o. 798, Shanivar Peth, Satara.

4. Gopal Dagadu Adhav Age - Major, Occ. - Nil, R/o. Kshetra Mahuli, Tal. & Dist. Satara.

5. Prakash Nilkanth Chavan Age - Major, Occ. - Nil, R/o. 114, Kesarkar Peth, Satara.

6. Chandrakant Vithoba Ombale Age - Major, Occ. - Nil, R/o. Kedambe, Tal. Jewali, Dist. Satara.

7. Honrao Shivram Jadhav (Since Deceased) Through his Legal Heir Smt. Sulochana Honrao Jadhav, Age - 68, Occ. - Housewife, R/o. 54B, Vikasnagar, Satara.

8. Vasantrao Dnyandev Sabale Age - Major, Occ. - Nil, R/o. Shivnagar, Tal. & Dist. Satara.

9. Prakash Maruti Aadhav Age - Major, Occ. - Nil, R/o. Kshetra Mahuli, Tal. & Dist. Satara.

10. Janardan Rajaram Nikam Age - Major, Occ. - Nil, R/o. Kshetra Mahuli, Tal. & Dist. Satara.

11. Madhukar Ramchandra Nalawade (Since Deceased) Through his Legal Heir Kiran Madhukar Nalawade, Son Age - Major, Occ. - Nil, R/o. 383/4, Shahupuri, Tal. & Dist. Satara.

... Petitioners URS 6 of 24

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Versus

1. Satara District Agricultural Rural & Multipurpose Development Co-Operative Bank Ltd., Satara, Through The Liquidator, Narveer Tanaji Marg, Daulat Nagar, Satara.

... Respondents WITH WRIT PETITION NO.8962 OF 2022

1. Abhimanyu Ramchandra Kadam Age - 75 years, Occ. - Retired, R/o. Malgaon, Tal. & Dist. Satara.

2. Balasaheb Bhausaheb Kadam Age - Major, Occ. - Nil, R/o. Back side of Anandwadi, Dattamandir, Satara.

3. Sampat Shankarrao Gaikwad Age - Major, Occ. - Nil, R/o. A/P Taradgaon, Tal. Phaltan, Dist.Satara.]

4. Sadashiv Nivrutti Ahire Age - Major, Occ. - Nil, R/o. 10, Chintamani Hsg. Society, Shahupuri, ] Satara, Tal. & Dist. Satara.

5. Chandrakant Vithoba More Age - Major, Occ. - Nil, R/o. A/P Sasurve, Tal. Koregaon, Dist.Satara. ]

6. Balkrishna Appa Galande Age - Major, Occ. - Nil, R/o. A/P Dahiwadi, Tal. Man, Dist.Satara.

URS 7 of 24

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7. Anandrao Ganapati Bhilare (Since Deceased) Through his Legal Heir Smt. Alka Anandrao Bhilare Age - 65 years, Occ. - Housewife, A/P Dhebewadi, Tal. Patan, Dist. Satara.

8. Krishnaji Jagdeo Kadam (Since Deceased) A/P Pimpode Khurd, Tal. Koregaon, Dist. Satara.

(a) Smt. Jayashri Krishnaji Kadam (Wife) Age - 68 years, Occ. - Nil, A/P Pimpode Khurd, Tal. Koregaon, Dist. Satara.

(b) Chetan Krishnaji Kadam (Son) Age - 45 years, A/P Pimpode Khurd, Tal. Koregaon, Dist. Satara.

(d) Sulabha Vikas Ahirekar (Daughter) Age - 48 years, A/P Vikhale, Tal. Koregaon, Dist. Satara.

(d) Pratibha Ramdas Jadhav (Daughter) Age - 44 years, A/P Kodoli, Tal. & Dist. Satara.

9. Balkrishna Vishwasrao Sabale Age - Major, Occ. - Nil, R/o. Bhuvikas Bank Colony, Daulatnagar Satara.

10. Uttam Dinkar Ghatage Age - Major, Occ. - Nil, R/o. A/P Mol, Tal. Khatav, Dist. Satara.

11. Rajnikant Eknath Kaware Age - Major, Occ. - Nil, R/o.Budhwar Peth, Satara, Tal.& Dist.Satara. ] ... Petitioners

Versus

URS 8 of 24

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1. Satara District Agricultural Rural & Multipurpose Development Co-Operative Bank Ltd., Satara, Through The Liquidator, Narveer Tanaji Marg, Daulat Nagar, Satara.

... Respondents WITH WRIT PETITION NO.8966 OF 2022

1. Uttam Shankar Jadhav Age - 74 years, Occ. - Nil, R/o. Daulatnagar, Satara.

2. Sadashiv Baburao Mohite Age - Major, Occ. - Nil, R/o. A/P Kukudwad, Tal. Man, Dist. Satara.

3. Hanmant Vishnu Taralekar (Since Deceased) through his Legal Heirs (a) Smt. Surekha Hanmant Taralekar (Wife) Age - 63 years, Occ. - Nil, A/P Mhaswad, Tal. Man, Dist. Satara.

(b) Sunil Hanmant Taralekar (Son) Age - 48 years, A/P Mhaswad, Tal. Man, Dist. Satara.

(d) Vishwal Hanmant Taralekar (Son) Age - 46 years, A/P Mhaswad, Tal. Man, Dist. Satara.

4. Pushpraj Waman Babar Age - Major, Occ. - Nil, R/o. Kikali, Tal. Wai, Dist. Satara.

URS 9 of 24

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5. Dharmaji Dagadu Phalke Age - Major, Occ. - Nil, R/o. Pimpalwadi, Po. Dhavadashi, Tal. & Dist.Satara.

6. Shivram Tukaram Desai Age - Major, Occ. - Nil, A/P Paparde, Tal. Patan, Dist.Satara.

7. Suryakant Rajaram Salulnke Age - Major, Occ. - Nil, A/P Degaon, Tal. & Dist. Satara.

8. Vijaykumar Shankar Jagtap Age - Major, Occ. - Nil, A/P Udatare, Tal. Wai, Dist. Satara.

9. Vilas Mukinda Mane Age - Major, Occ. - Nil, R/o. Dare Kh., Tal. Wai, Dist. Satara.

10. Uttam Joti Ghorpade Age - Major, Occ. - Nil, R/o. Bhuvikas Bank Colony, Daulatnagar, Satara.

Versus

1. Satara District Agricultural Rural & Multipurpose Development Co-Operative Bank Ltd., Satara, Through The Liquidator, Narveer Tanaji Marg, Daulat Nagar, Satara.

... Respondents WITH WRIT PETITION NO.8967 OF 2022

1. Tulsidas Dinkar Yewale (Since Deceased) through his Legal Heirs URS 10 of 24

11 WP 12186-23 @ Others-Judgment.odt (a) Smt. Satwashila Tulsidas Yewale Age - 65 years, Occ. - Housewife, (b) Rahul Tulsidas Yewale Age - 37 years, Both R/o. Sr.No.36/4A/1/5, Plot No.4A, Vikasnagar, Satara, Tal. & Dist. Satara.

2. Laxman Tukaram Argade (Since Deceased) through his Legal Heirs (a) Smt. Sushila Laxman Argade Age - 57 years, Occ. - Housewife, (b) Shashikant Laxman Argade Age - 36 years, Occ. - Service (c) Chandrakant Laxman Argade Age - 33 years, Occ - Service All R/o. 128/5, Kesarkar Pet, Satara.

3. Pralhad Eknath Nimbalkar (Since Deceased) through his Legal Heirs (a) Smt. Kamal Pralhad Nimbalkar (Wife) (Since Deceased) Through her Heirs (b) Vinod Pralhad Nimbalkar, Age - 43 years, Occ. - Service (c) Vijay Pralhad Nimbalkar, Age - 41 years, Occ. - Service

4. Suryakant Kashinath Dhole (Since Deceased) through his Legal Heirs (a) Smt. Shivganga Suryakant Dhole Age - 73 years, Occ. - Housewife, (b) Suhas Suryakant Dhole Age - 53 years, Occ. - Service (c) Sachin Suryakant Dhole Age - 45 years, Occ. - Service All R/o. A/P Visapur, Tal. Khatav, Dist. Satara.

Versus

1. Satara District Agricultural Rural & Multipurpose Development Co-Operative Bank Ltd., Satara, Through The Liquidator, Narveer Tanaji Marg, Daulat Nagar, Satara.

URS 11 of 24

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... Respondents WITH WRIT PETITION NO.8973 OF 2022

1. Rameshchandra Yashwant Yadav Age - 62 years, Occ. - Nil, R/o. A/P Laxminagar, Phaltan, Tal. Phaltan, Dist. Satara.

2. Laxman Vithoba More (Since Deceased) Through his Legal Heir Shri Vishwas Laxman More Age - 41 years, R/o. Ambedare, Tal. & Dist. Satara.

3. Ankush Govind Shinde Age - Major, Occ. - Nil, R/o. Bhuvikas Bank Colony, Daulatnagar, Satara.

4. Ramchandra Hari Salunkhe Age - Major, Occ. - Nil, R/o. Mahind, Tal. Patan, Dist. Satara.

5. Suresh Bhagwan Bhoite Age - Major, Occ. - Nil, R/o.A/P Wagholi, Tal.Koregaon, Dist.Satara.

6. Laxman Pandurang Sable Age - Major, Occ. - Nil, R/o. Bhuvikas Bank Colony, Daulatnagar, Satara.

7. Rajaram Sadhu Bhilare Age - Major, Occ. - Nil, R/o. A/P Bhilar, Tal. Mahabaleshwar, Dist. Satara.

URS 12 of 24

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8. Shankar Ramchandra Ranjane Age - Major, Occ. - Nil, R/o. A/P Dapawadi, Tal. Wai, Dist. Satara.

9. Eknath Anandrao Shivthare (Since Deceased) Through his Legal Heir Sumitra Eknath Shivthare Age - 65 years, Occ. - Housewife, A/P Kalambe, Tal. Wai, Dist. Satara.

10. Ramesh Vasantrao Bhande Age - Major, Occ. - Nil, R/o. Sangamnagar, Satara.

11. Bhujang Gulabrao Babar Age - Major, Occ. - Nil, R/o. A/P Sablewadi, Tal. & Satara.

12. Dnyanadeo Baburao Gurav (Since Deceased) Through his Legal Heir Shri Rajendra Dnyanadeo Gurav Age - 50 years, Occ. - Service, A/P Chore, Tal. Karad, Dist. Satara.

... Petitioners

Versus

1. Satara District Agricultural Rural & Multipurpose Development Co-Operative Bank Ltd., Satara, Through The Liquidator, Narveer Tanaji Marg, Daulat Nagar, Satara.

... Respondents WITH WRIT PETITION NO.8974 OF 2022

1. Vishnu Tatyaba Kadam Age - 71 years, Occ. - Nil, R/o. Bhuvikas Bank Colony, Daulatnagar, Satara.

URS 13 of 24

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2. Sopan Tukaram Kumbhar Age - Major, Occ. - Nil, R/o. Backside of Shivraj Petrol Pump, Highway, Satara.

3. Ashok Gopinath Pawar Age - Major, Occ. - Nil, R/o. Kasaba Peth, Pawar Galli, Satara.

4. Narayan Baraku Moynak (Since Deceased) Through his Legal Heir Smt. Laxmi Narayan Moynak (Wife) Age - Major, Occ. - Nil, R/o. Kesarkar Colony, Darekhurd, Satara.

5. Narayan Vithoba Kale Age - Major, Occ. - Nil, R/o. A/P Saratale, Tal. Javli Dist. Satara.

6. Namdeo Ganapati Doiphode Age - Major, Occ. - Nil, R/o. Dahiwadi, Tal. Man, Dist. Satara.

7. Vishwas Jijajirao Nimbalkar Age - Major, Occ. - Nil, R/o. A/P Bombale, Tal. Khatav, Dist. Satara.

8. Anandrao Bajirao Mohite Age - Major, Occ. - Nil, A/P Sarjapur, Tal. Jaoli, Dist. Satara.

9. Sambhaji Namdeo Vasav (Since Deceased) Through his Legal Heir Smt. Shobha Sambhaji Vasav Age - 63 years, Occ. - Nil, R/o. A/P Pusegaon,, Tal. Khatav, Dist. Satara.

10. Pandurang Govind Gole Age - Major, Occ. - Nil, R/o. A/P Jamb, Tal. Wai, Dist. Satara.

11. Jagdeo Nathaji Sabale Age - Major, Occ. - Nil, A/P Borkhal, Tal. & Dist. Satara.

URS 14 of 24

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12. Ashalata Rangnath Jagtap (Since Deceased) Through her Legal Heir Sou. Ujwala Kishor Tandale (Daughter) Age - 45 years, Occ. - Nil, R/o. Godoli, Tal. & Dist. Satara.

... Petitioners

Versus

1. Satara District Agricultural Rural & Multipurpose Development Co-Operative Bank Ltd., Satara, Through The Liquidator, Narveer Tanaji Marg, Daulat Nagar, Satara.

... Respondents Mr. Shailesh S. Pathak for Petitioners in all Writ Petitions. Mr. Vaibhav R. Gaikwad for Respondents in all Writ Petitions. CORAM :- SANDEEP V. MARNE, J.

RESERVED ON :- 07 OCTOBER, 2023 PRONOUNCED ON :- 16 OCTOBER, 2023

JUDGMENT

Rule. Rule made returnable forthwith and with the consent of the learned counsels appearing for parties, petitions are called out for hearing.

The issue involved in these Petitions is about entitlement of Petitioners to interest on amounts payable under Settlement dated 27/10/1996. The interest is claimed from the date of orders passed by the Industrial Court, Satara on 25/03/2009 till the amounts are actually paid to the Petitioners sometime in the year 2019. URS 15 of 24

16 WP 12186-23 @ Others-Judgment.odt 3.

The issue arises in the light of challenge set up by the Petitioners to the Judgments and Orders passed by the Industrial Court, Satara, in various Review Applications filed by them seeking review of the order passed by the Industrial Court, Satara, on 04/04/2012 directing issuance of Recovery Certificate without interest. 4.

Facts of the case are in a narrow compass. Petitioners were in employment of Respondent - Bank. The Bank entered into a settlement with the recognized trade union under Section 2(p) of the Industrial Disputes Act, 1947 on 27/10/1996, under which the Bank agreed to pay wage raise in the dearness allowance and additional dearness allowance. Despite entering into the settlement, the Respondent - Bank failed to pay benefits arising out of the settlement to the Petitioners, on account of which Satara Zilla Sahakari Krishi Gramin Bahudeshiya Vikas Bank Karmachari Sangatana (Union) filed Complaint (ULP) No.8/2005 for a direction to the Respondent - Bank for payment of difference of wages arising out of settlement dated 27/10/1996 along with interest @ 12% p.a.

When the complaint came up for hearing before the Industrial Court, Satara, the Union gave up claim for interest, though it was claimed in the complaint. Industrial Court proceeded to allow the Complaint by its Judgment and Order dated 23/03/2009 directing the Respondent - Bank to pay all the benefits of settlement dated 27/10/1996 to all its employees. The Respondent - Bank challenged the Industrial Court's decision before this Court by filing Writ Petition No.8776 of 2009, which came to be disposed of by order dated 22/02/2010 clarifying that if the order passed by the Supreme Court on 25/03/2009 affected Industrial Court's decision, it was open for the Respondent - Bank to approach the Industrial Court for modification of the order.

17 WP 12186-23 @ Others-Judgment.odt Respondent - Bank did not file any proceedings for modification of Industrial Court's order. It also did not pay its employees amounts arising out of Industrial Court's order dated 25/03/2009. 5.

Petitioners therefore filed Recovery Applications before the Industrial Court claiming various amounts due under the settlement along with interest @ 18% p.a. Industrial Court directed issuance of Recovery Certificates vide order dated 04/04/2012 only in respect of principal amounts. Accordingly, Recovery Certificates were issued in favour of each of the Petitioners only in respect of principal amounts. 6.

The Petitioners thereafter filed various Review Applications before the Industrial Court seeking correction of clerical and arithmetical mistakes in the Recovery Certificates and seeking restraint order from selling the properties till disposal of the Review Applications. They also claimed interest @ 18% p.a. on the principal amount. In the Review Applications, the Petitioners also prayed for interim relief. The Liquidator of the bank filed pursis undertaking to pay the dues of the Petitioners from the sale proceeds of Bank's assets. It appears that the Bank wanted to liquidate some of its assets, inter alia, for payment of dues of its employees. Petitioners, therefore, filed pursis on 01/02/2019 before the Industrial Court stating that they had no objection for proposed sale of bank's assets.

They however reserved their liberty to claim interest from Liquidator. It appears that in August 2019, the Respondent - Bank paid to the Petitioners the principal amounts included in the respective Recovery Certificates. The Industrial Court thereafter proceeded to reject the Review Applications on the ground that the same were not maintainable under Section 44(6) of the Industrial Court Regulations of 1975.

18 WP 12186-23 @ Others-Judgment.odt filed the present Petitions with regard to their grievance of non-payment of interest from the date of order of the Industrial Court dated 25/03/2009.

Mr. Pathak, the learned counsel appearing for the Petitioners would contend that though the Petitioners have given up their claims for interest up to the decision in Complaint (ULP) No.8/2005, the interest after decision of the Complaint on 25/03/2009 is payable. That, the said interest has never been given up by the Petitioners. He would submit that non-inclusion of amounts of interest in the Recovery Certificates fits within the ambit of the term 'clerical or arithmetical mistake arising from accidental slip or omission'. Alternatively, he would submit that the order dated 04/04/2012 passed by the Industrial Court in Recovery Applications is also under challenge in the present Petition. In support of his contentions, he relied upon the decision of this Court in the case of Dilip T. Khandar Vs. State of Maharashtra1.

Per Contra, Mr. Gaikwad, the learned counsel appearing for the Respondent - Bank, would oppose the Petition and support the orders passed by the Industrial Court rejecting the Review Applications. He would submit that there is no provision for seeking a review of Recovery Certificates. That, claim of interest would not fall within the ambit of Rule 44(6) of the Industrial Court Regulations, 1975. He would submit that the Petitioners specifically gave up their claim for interest before the Industrial Court and cannot now be permitted to take a volte face. That, the Petitioners gave no objection for sale of bank properties and showed willingness to accept only the principal amounts. He would submit that the bank has correctly paid the amounts covered by the Recovery Certificates and no further amount is due or payable to the Petitioners. 2006 1 CLR 425 URS 18 of 24

19 WP 12186-23 @ Others-Judgment.odt That, the order dated 04/04/2012 directing issuance of Recovery Certificates in respect of principal amounts has attained finality. Even if review was maintainable, the claim was after a period of 6 long years without any justification for delay. Mr. Gaikwad would alternatively submit that, if the Petitioners are aggrieved by the amounts specified in the Recovery Certificates, they can always file fresh proceedings instead of seeking review, which is not maintainable.

Rival contentions of the parties now fall for my consideration. 10.

The issue involved before the Industrial Court and which again arises for my consideration is whether the Petitioners are entitled to interest on the principal amount arising out of difference of wages flowing from the settlement dated 27/10/1996 from the date of Industrial Court's order dated 25/03/2009. The benefits of settlement were actually payable in the year 1998 itself and the Petitioners were required to knock the doors of the Industrial Court on account of failure of the Respondent - Bank to honour its commitment arising out of the said settlement. The employees gracefully gave up their claim for interest from 1998 till decision of the Complaint on 25/03/2009.

Thus, they gave up claim for interest for a period of over 11 long years, under a hope that the Bank would at least pay them the principal amount immediately after Industrial Court's order. The Bank unsuccessfully tested it before this Court and despite disposal of Writ Petitions on 22/02/2010, the Bank again failed to implement Tribunal's order. It drove Petitioners to the Industrial Court for another round of litigation for issuance of Recovery Certificates.

20 WP 12186-23 @ Others-Judgment.odt fell due till the date of actual realisation certificate issue to concerned (Collector) authority for recovery amount, which is mentioned in annexure 'A' of the application.

b) Any other relief deemed just & proper may also please be granted in favour of the applicant, in the interest of justice.

c) Cost of the proceedings may be imposed on opponent. d) To add after, amend the application, as and when required."

11.

Thus, the Petitioners specifically prayed for payment of interest in the Recovery Applications. The principal amount payable to each of the Petitioners were apparently specified in a separate statement annexed at Annexure 'A' to their respective Applications. Though there was specific prayer for payment of interest on the principal amount, the Industrial Court issued directions on 04/04/2012 for payment of the amount which was reflected in Annexure 'A' by ignoring the prayer for grant of interest. There is no discussion in the order dated 04/04/2012 as to why the Petitioners cannot be paid interest on the principal amount. Therefore, it cannot be stated that denial of interest was a conscious decision taken by the Industrial Court while passing the order dated 04/04/2012. It is on this count that Mr.

Pathak has submitted that failure to consider prayer for award of interest is an 'accidental slip / omission' on the part of the Industrial Court. I find considerable force in this submission canvassed by Mr. Pathak in view of the fact that there is no consideration on the part of the Industrial Court with regard to prayer for award of interest on the principal amount indicated in Annexure 'A' to each of the Recovery Applications.

12.

For this 'accidental slip / omission' on the part of the Industrial Court, the Petitioners filed Review Applications after 6 long URS 20 of 24

21 WP 12186-23 @ Others-Judgment.odt years in the year 2018. Mr. Pathak fairly concedes to the position that there is no specific provision under the MRTU & PULP Act for review of its order.

13.

Under Section 33 of The Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, the Industrial Court can frame regulations consistent with the provisions of the Act to regulate its procedure. Accordingly, the Industrial Court Regulations, 1975 have been framed. Regulation 44 reads thus : "44.

(1) Ordinarily judgments, orders and decisions shall be delivered immediately after the arguments are heard and in every case within 15 days of the completion of the arguments. (2) Every judgment, order and decisions shall be written only on foolscap paper leaving 1/4th margin blank. (3) A judgment, order or decision shall be pronounced in open Court, if not dictated in open Court the date on which it is to be pronounced must be notified.

(4) Every judgment, order and decision shall be paragraphed and duly numbered.

(5) When a judgment or order or decision is typewritten every sheet shall bear the initials of the Presiding Member and his signature at the end alongwith his designation. (6) After a judgment or order or decision is signed no addition or alteration shall be made thereto other than a clerical or arithmetical mistake arising from accidental slips or omissions."

14.

Thus, under Regulation 44(6), no addition or alteration in the judgment or order is permissible other than a clerical or arithmetical mistake arising from accidental slips or omissions. The issue, therefore, is whether the accidental slip / omission committed by the Industrial Court while passing orders dated 04/04/2012 for non-award of interest on the principal amount would fit into the ambit of expression 'clerical or arithmetical mistake'. On a strict and literal interpretation of Regulation URS 21 of 24

22 WP 12186-23 @ Others-Judgment.odt 44(6), it is difficult to hold that non-award of interest on the principal amount would fit into the ambit of the expression 'clerical or arithmetical mistake'. An arithmetical mistake would be one which would be in the nature of a calculation mistake. A clerical mistake on the other hand would be in the nature of typographical error in the judgment or order. For award of interest, the Industrial Court must apply its mind and take a decision as to whether the interest is admissible, and if yes, at what rate. The Petitioners claimed interest @ 18% p.a. on the principal amount indicated in Annexure 'A' to the Review Applications. It cannot be stated that award of interest @ 18% p.a. is automatic.

Therefore, some application of mind on the part of the Industrial Court was required, at least while deciding the rate of interest which should be awarded. Therefore, it is difficult to hold that failure on the part of the Industrial Court to take into consideration prayer for award of interest would fit into the definition of the term 'arithmetical or clerical mistake', though it may fit into the ambit of the term 'accidental slip / omission'. In my view, therefore, the applications filed under Regulation 44(6) by the Petitioners before the Industrial Court were not maintainable. 15.

Apart from setting up challenge to the orders passed by the Industrial Court rejecting the Review Applications, the Petitioners have also raised the following prayers in the present Petition :- "c) That pending hearing and final disposal of this Writ Petition, this Hon'ble Court may be pleased to direct the Respondent to deposit the interest @ 18% on principal amount from the stopage of giving benefits from Feb. 1998 upto effecting payment in Aug. 2019; d) Be hold and declare that, order dt. 04/04/2012 in Recovery Application (ULP) No.05/2011 is not finally decided."

URS 22 of 24

23 WP 12186-23 @ Others-Judgment.odt Though prayer clauses (c) and (d) are not happily worded, Mr. Pathak has urged that this Court may consider that the present Petitions are a direct challenge to the orders dated 04/04/2012. To this request, Mr. Gaikwad is quick enough to raise an objection of delay and latches. While Mr. Gaikwad may not be entirely wrong in raising the objection of delay and latches, it must also be considered that the Petitioners were agitating their rights before the Industrial Court by filing Review Applications since the year 2018. All the Petitioners are at advanced ages, having retired several years ago. Many of the Petitioners have died and therefore, legal representatives are fighting the litigation.

The legitimate dues payable to the Petitioners in the year 1998 were actually paid to them 21 years later in August 2019. They have gracefully given up claim for payment of interest up to 25/03/2009. However, so far as interest after 25/03/2009 is concerned, the Petitioners have never made any statement to give up interest after that date. Even while granting their no objection to sale of bank assets, the Petitioners gave such no objection without prejudice to their right to claim interest. In one of the interim orders passed by the Industrial Court on 20/02/2019, statement made on behalf of the Applicants about reserving their right to claim interest is recorded. 16.

In these circumstances, while holding that the Review Applications filed by the Petitioners were not maintainable under the provisions of Regulation 44(6), I am inclined to entertain Petitioners' challenge to the orders dated 04/04/2012 directing issuance of Recovery Certificates only in respect of principal amounts. Once the Industrial Court orders Respondent - Bank to pay amounts arising out of the settlement on 25/03/2009 to Petitioners, any delay on the part of the Respondent - Bank to honour Industrial Court's order must entail payment of interest. The objection of delay and latches in entertaining URS 23 of 24

24 WP 12186-23 @ Others-Judgment.odt Petition challenging the order dated 04/04/2012 will have to be repelled both on the ground of Petitioners agitating their claims before the Industrial Court as well as absence of prejudice caused to the Respondent - Bank which illegally retained the amounts which were payable to the Petitioners. Equities can be balanced by awarding lower rate of interest of 6% p.a.

17.

After considering the overall conspectus of the case, I am of the view that ends of justice would meet if the Respondent - Bank is directed to pay interest @ 6% p.a. on the principal amount covered by the Recovery Certificates with effect from 25/03/2009 till the date of actual payment.

18.

Writ Petitions are accordingly disposed of with a direction to the Respondent - Bank to pay to the Petitioners interest @ 6% p.a. on the amounts covered by their respective Recovery Certificates with effect from 25/03/2009 till the date of payment. The amount of interest be paid within a period of 4 months from today.

19.

With the above directions, Writ Petitions are disposed of. There shall be no order as to costs. Rule is made partly absolute in above terms.

(SANDEEP V. MARNE, J.) URS 24 of 24