The General Secretary, Mr. S.S.Kalsheti, Lal Bavta Mahanagar Palika v. P Shivshankar, Commissioner Solapur Municipal Corporation.

PSV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4196 OF 2021 PRAJAKTA SAGAR VARTAK IN CONTEMPT PETITION NO. 324 OF 2021 PRAJAKTA SAGAR VARTAK Date: 2021.12.23 22:07:32 +0530 The General Secretary (V.C. Kongari Chairman), Lal Bavta Mahanagar Palika ...Applicant In the matter between The General Secretary (V.C. Kongari Chairman), Lal Bavta Mahanagar Palika

...Petitioner

V/s.

P Shivshankar, Commissioner Solapur Municipal Corporation & Anr.

...Respondents

----- Ms. Gayatri Singh, Senior Advocate with Mr. Sreeram V.G. for Applicant/ Petitioner.

Mr. I.M. Khairdi for the Respondent.

Mr. A. P. Vanarase, AGP for State.

----- C0RAM : G. S. KULKARNI, J.

DATE : DECEMBER 23, 2021.

PC :

1.

Heard Ms. Gayatri Singh, learned senior counsel for the applicant/ petitioner and Mr. Khairdi, learned counsel for the respondent-Municipal Corporation.

2.

Ms. Gayatri Singh prays that the applicant be permitted to delete paragraph nos.6 and 8 of the interim application. The applicant is allowed to delete these paragraphs and they shall not form part of the record. Amendment to be carried out forthwith.

1/3

3.

This interim application has been filed praying for disbursement of an amount of Rs.3.5 Crores as deposited in this Court in pursuance of the order passed by the Supreme Court dated 12 November, 2021 in Special Leave to Appeal (C) No(s).16254/2018 and the order passed on Special Leave to Appeal (C) No(s).18357/2021 respectively. In the first order, the Supreme Court directed the Municipal Corporation to deposit in this Court an amount of Rs.2.5 Crores. The following observations are made in regard to the disbursement of the said amount after the deposit is made:- "

In the meanwhile, the petitioner(s) would deposit a further sum of Rs. 2.5 Crores in the High Court. This deposit is in addition to Rs. 2.63 Crores paid by the petitioner(s). The High Court may pass appropriate order for disbursement after the deposit is made."

4.

By a subsequent order of the Supreme Court dated 18 November, 2021, a further deposit of Rs.1 Crore was directed to be made in this Court. In regard to the disbursement, the following observation was made:- "

The deposit of Rs. 1 crore would be disbursed to the employees/retirees of Solapur Transport in terms of the directions issued in the order dated 12.11.2021 passed in SLP (C) No. 16254/2018."

5.

Mr. Khairdi, on instructions of the Municipal Corporation, would fairly state that the amount which has been deposited in this Court, would now be required to be disbursed to the concerned employees. After discussion on this issue, it appears to be an agreeable position between the parties that the amount be transferred by the Registry to the bank account of Transport Undertaking, Solapur. The details of the bank account are as under:- "S/B Account No. 1326102100000181 with bearing IFSC Code No. PUNB0132610, Punjab National Bank, Railway Line, Solapur."

2/3

6.

Let such amount be transferred by the Registry to the above account of the Transport Undertaking, Solapur within a period of one week from today.

7.

After the said amount is credited to the account of the Transport Undertaking, Solapur, Mr. Khairdi submits that the Transport Manager shall undertake the disbursement of the amount to the employees of the Undertaking as per Annexure-D to the interim application, as also maintain the accounts of such disbursement. Let such exercise be undertaken within a period of one week from the receipt of the amounts in the said account of the Transport Undertaking.

8.

As the amount of Rs.3.5 Crores in question is the amount which is directed by the Supreme Court to be deposited in this Court and now being transferred to the account of the Transport Undertaking for the purposes of disbursement, the Transport Undertaking, Solapur shall utilise the said amount only towards the payment of arrears or salaries of the employees of the Transport Undertaking and not for any other purposes. 9.

The above arrangement satisfies the issue on disbursement of the said amounts as observed by the Supreme Court, in its orders noted above.

10. Interim application accordingly stands disposed of in the above terms. There shall be no order as to costs.

(G. S. KULKARNI, J.) 3/3