Siddique Noormohamed Sawani v. Rashid S. Oomerbhoy

sat 1/2 caw 2744-2014 and 2745-2014.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2744 OF 2014 IN WRIT PETITION NO. 3756 OF 2012 WITH CIVIL APPLICATION NO. 2745 OF 2014 IN WRIT PETITION NO. 3757 OF 2012 Siddique Noormohamed Sawani ...Applicant / Orig.Resp.No.1 In the matter between Rashid S. Oomerbhoy

...Petitioner

vs.

Siddique Noormohamed Sawani & Ors.

....Respondents Mr.Anand Pai with Ms.Radha Ved I/b. Sanjay Udeshi & Co. for Petitioner. Mr.Sachin H. Kankal for Respondent No.1.

Mr.A.B. Yadav, Section Officer / Representative of Court Receiver. CORAM : S.C. GUPTE, J.

10 AUGUST 2016 P.C. :

Heard learned Counsel for the parties.

These applications seek payment of wages under Section 17-B of the Industrial Disputes Act, 1947. As the partnership business was closed and a receiver was appointed in respect of the partnership, the Applicant was permitted, in terms of my order dated 21 June 2016, to apply before the Court Receiver for back wages between 1 March 1999 and 6 December 2000 and also for closure compensation in pursuance of the order passed by this court on 2 September 2015. Whereas the Applicant has submitted his application for

sat 2/2 caw 2744-2014 and 2745-2014.doc payment of back wages between March 1999 and December 2000, the application for closure compensation is yet to be made. The amount of back wages between March 1999 and December 2000 works out to Rs.1,03,070/-. The Court Receiver is directed to pay this amount to the Applicant within a period of four weeks from today. As for the closure compensation, after the application for closure compensation is made, the Receiver shall decide the application and make a report to this court. Such decision should be taken and report made before the court within a period of six weeks from the date of the application for closure compensation.

The applications are disposed of accordingly. (S.C. Gupte, J.)