Pandit Raji Shukla v. Rajubhai Modi And ORS.

spb/ 925appw467-14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 467 OF 2014 IN CRI. WRIT PETITION NO. 2895 OF 2009 Shri Pandit Ramji Shukla ... Applicant.

V/s.

Shri Rajubhai Modi and Ors.

... Respondents.

--- Smt. Anjali S. Ranade, Advocate for the Applicant. Mr. V. B. Konde -Deshmukh, APP for the State. --- CORAM : M.L.TAHALIYANI,J.

DATE : 09th JULY, 2015 P.C. :

Heard the learned counsel for the applicant and the learned APP for the State.

Perused the order of this court dated 10th September, 2012. The present applicant - Pandit Ramji Shukla was the respondent no. 2 in the original writ petition no. 2895 of 2009 which was filed by the present respondents to challenge the order of the Industrial Court, maintaining the conviction imposed on the respondents by the Labour Court. During the course of hearing of the said writ petition the issue in question was resolved amicably. This Court (R.C.Chavan,J.) Borey 1/2

spb/ 925appw467-14.doc while disposing of the writ petition expressed the view that since the applicant was interested in back-wages only it was just and proper that the respondents (original petitioners) were directed to pay the back-wages. It was observed by the court that no purpose would be served by sending the respondents to the prison.

Now the applicant (original respondent no.2) - Pandit Shukla has come up with the case that the arrears of wages were not Rs. 2.50 lakhs but were around Rs.7 lakhs. This cannot be heard now after lapse of more than three years. The criminal application cannot be entertained and is dismissed accordingly.

(JUDGE) .....

Borey 2/2