Bombay High CourtCA/2441/2017disposed offdismissed for default

The General Secretary Marathwada Lal Bavta Kamgar Union, Udgir v. The State Of Maharashtra And Others

2017-02-24Hon'Ble Shri Justice Ravindra V. Ghuge3 pages

(1) C.A. No. 02441 of 2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AT AURANGABAD.

Civil Application No. 02441 of 2017 District : Latur The General Secretary, Marathwada Lal Bavta Kamgar Union, Trade Union Center, Jakot Road, .. Applicant Udgir, District Latur.

(Original respondent) versus

1. The State of Maharashtra, Through the Superintending Engineer, Sarvajanik Bandhkam Mandal, Osmanabad.

2. The Executive Engineer, Sarvajanik Bandhkam Vibhag, Latur.

3. The Deputy Engineer, .. Non-applicants Sarvajanik Bandhkam Upvibhag, (Original petitioners) Ahmedpur.

...........

Mr. B.B. Yenge, Advocate, for the applicant.

Mr. S.N. Kendre, Asst. Government Pleader, for non-applicant nos.01 to 03.

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CORAM : RAVINDRA V. GHUGE, J.

DATE : 24TH FEBRUARY 2017

(2) C.A. No. 02441 of 2017 ORAL ORDER :

01.

It is pointed out that an amount of Rs. 23,94,729 has been deposited in this Court pursuant to the orders of this Court. The challenge to the recovery certificates under Section 33C(1) of the Industrial Disputes Act, 1947 has been negated by this Court and Writ Petition No. 6674 of 2007 and Writ Petition No. 6675 of 2007 have been dismissed by order dated 30.04.2013. Review Application No. 189 of 2013 and Review Application No. 190 of 2013 have also been rejected by this Court by order dated 05.05.2015. The Special Leave Petition filed by the State has also been dismissed by the Hon'ble Supreme Court on 16.08.2016.

02.

It is, therefore, prayed that the amount of Rs. 23,94,729/- along with accrued interest be transferred to the account of Asst. Commissioner of Labour, Latur.

03.

Learned Asst. Government Pleader confirms the above said statements and submits that no litigation is now pending as the applicant - Union has succeeded throughout up to the Hon'ble Apex Court. He, therefore, submits that an appropriate order be passed in this Civil Application.

04.

Considering the above, this Civil Application is allowed. Registry is directed to transfer the amount of Rs. 23,94,729/- along with

(3) C.A. No. 02441 of 2017 accrued interest to the office of the Asst. Commissioner of Labour, Latur.

( Ravindra V. Ghuge ) JUDGE ...........

puranik / CA2441.17