The Maharashtra Agro Industries Development Corporation Limited v. Anant Sakharam Thorave

Digitally signed by VIDYA SURESH AMIN Date:

2023.02.21 10:19:47 +0530 VIDYA SURESH AMIN 3.WP750_2020.DOC Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 750 OF 2020 The Maharashtra Agro Industries Development Corporation Ltd.

... Petitioner

Versus

Anant Sakharam Thorave

...Respondent

Mr. Mahesh Shukla for the petitioner.

Mr. Amar Mhatre, Union Representative present. _______________________

CORAM:

G. S. KULKARNI, J.

DATED:

13 February, 2023 _______________________ P.C.

1.

Heard learned counsel for the petitioner. The respondent although served is not represented.

2.

The order impugned in this petition is an order dated 20 January, 2018 passed by the learned Judge, 8th Labour Court, Mumbai in Application (PGA) No. 39 of 2015 whereby the application as filed by the respondent - Anant Sakharam Thorave has been partly allowed. The operative part of the order dated 20 January, 2018 reads thus:

"O R D E R (i) Application is partly allowed.

(ii) Amount of gratuity to the tune of Rs.70,637/- (Rupees Seventy Thousand Six Hundred Thirty Seven Only) be paid to the applicant along with interest @ 10% p.a. from the date of default till realization of entire amount. (iii) No order as to costs."

13 February, 2023

3.WP750_2020.DOC 3.

After the proceedings were heard for sometime, learned counsel for the petitioner fairly states that as the gratuity amount, which was deposited, was already withdrawn by the respondent, insofar as the interest is concerned, the calculation of interest @ 4% from 17 March, 2017 to 12 August, 2018 when this Court stayed the order, can be paid by the petitioner to the respondent. The amount of interest is worked out to Rs.23,600/-. In the facts and circumstances of the case, the offer made by the petitioner appears to be reasonable.

4.

Mr. Amar Mhatre, who is the union representative is present in the Court, he would agree that the respondent can receive the said amount. 5.

Accordingly, accepting the statement as made on behalf of the petitioner that the interest amount of Rs. 23,600/- shall be paid to the respondent within a period of six weeks from today, the petition stands disposed of. 6.

Needless to observe that in the peculiar facts of the present case, the petitioner has agreed to pay the said amount of interest. The present order in no manner shall be treated as any precedent.

G. S. KULKARNI, J 13 February, 2023