Niswartha Kamgar Sanghthana v. Mumbai International Airport Ltd. And 3 ORS.

Digitally signed by SANDHYA BHAGU WADHWA Date:

2022.12.23 17:25:02 +0530 SANDHYA BHAGU WADHWA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.3378 OF 2022 IN WRIT PETITION NO.1268 OF 2019 Sanjay Govind Sawant & Ors.

.. Applicants In the matter between Mumbai International Airport Ltd.

.. Petitioner v/s.

The State of Maharashtra & Ors.

.. Respondents WITH INTERIM APPLICATION NO.4993 OF 2022 ...

Mr. Anil P. Bagwe for applicant in IA/3378/2022. Mr. Mohammad Abdi for applicants in IA/4993/2022. Mr. S.R. Nargolkar i/b. Aumkar Joshi for petitioner. Mr. Milind More, Addl. G.P. for respondent nos.1 to 3. ...

CORAM : K. R. SHRIRAM & KAMAL KHATA, JJ.

DATED : 22ND DECEMBER, 2022.

P.C. :

1.

Both these applications can be disposed by this common order. 1/3

2.

Applicants are workmen of Cambata Aviation Pvt. Ltd.- respondent no.4 in the Writ Petition. Applicants have claimed for unpaid wages against respondent no.4. Pursuant to liberty granted by this Court, petitioner has disposed certain assets of respondent no.4 and the sale proceeds are lying deposited with the Prothonotary and Senior Master, High Court, Bombay. Applicants want this amount to be distributed to them.

3.

The Labour Commissioner, Mumbai, shall verify the claim of each workman and distribute the amount pro rata, if the amount available is not sufficient to entirely discharge the claims of each workman. The amount shall be paid directly into the bank account of each workman after verifying the details that the bank account actually belongs to the workmen.

The Labour Officer shall also verify the eligibility of each workman and also ascertain whether the amount is correct. The bank account shall be linked to the Aadhar Card of each workman. 5.

If any of the workman has expired, the Labour Commissioner shall satisfy that the amount goes to the legal heirs of the workman for which the Labour Commissioner may ask the legal heirs to submit a Succession Certificate.

2/3

6.

The Prothonotary and Senior Master shall transfer the amount lying with him together with accumulated interest, if any, within two weeks of receiving the account details from the Labour Commissioner. The Labour Commissioner shall, within one week of receiving copy of this order, provide his bank account details to the Prothonotary and Senior Master, to which the amount be transferred. 7.

All parties to act on authenticated copy of this order. 8.

Liberty to apply, if there is non-compliance with any direction contained in this order.

9.

Applications disposed.

(KAMAL KHATA, J.) (K.R. SHRIRAM, J.) 3/3