Pralhad Kisan Choudhary v. Osmanabad Janta Sahakari Multistate Cooperative Bank Ltd. Through Its Chief Executive Officer

2025:BHC-AUG:15827

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 968 WRIT PETITION NO. 5710 OF 2022 Pralhad Kisan Choudhary ....Petitioner

Versus

Osmanabad Janta Sahakari Multistate Cooperative Bank Ltd. Through Its Chief Executive Officer .....Respondent .....

• Mr. Anand V. Indrale Patil, Advocate for the Petitioner • Mr. A. N. Irpatgire, Advocate for Respondent. .....

CORAM

:

ROHIT W. JOSHI, J.

DATE :

JUNE 20, 2025 O R D E R :

1.

The petitioner and respondents in the present petition are original applicant and opponents in IDA No. 23/2015 decided by the learned Judge, Labour Court, Latur vide judgment and order dated 22.03.2022. The said application was filed under Section 33C(2) of the Industrial Disputes Act, 1947. The said application was partly allowed inter alia directing the respondent to pay a sum of Rs. 2,80,941/- to the petitioner against arrears of salary. The learned Judge has held that the total arrears of salary were to the tune of Rs. 5,80,904/- and out of this deduction of Rs. 2,99,963/- is made towards dues of a Credit Society of bank and vehicle loan. Accordingly, amount of Rs. 2,80,941/- is directed to be paid. Learned counsel for the petitioner has drawn attention to 1/3

order dated 10.05.2013 passed by this Court i.e. in Writ Petition No. 9299 of 2011 and to order dated 1.08.2015 passed by this Court in Contempt Petition No. 149 of 2014. Perusal of the order will demonstrate that a sum of Rs. 2,25,000/- was directed to be deposited with the learned Labour Court for payment of dues of the Credit Society and vehicle loan. As noted above from the total amount payable to the petitioner Rs. 2,99,963/- is directed towards loan of Credit Society and vehicle loan.

2.

In view of the aforesaid, it is obvious that the sum of Rs. 2,25,000/-, which was directed to be deposited with the learned Labour Court is now payable to the petitioner. The petitioner is entitled to receive the said amount with accrued interest if any. As regards other claims pertaining to group insurance, medical leave encashment and bonus, the learned Labour Court has rightly rejected the same having regard to scope of section 33C(2) of the Industrial Disputes Act, 1947. 3.

In view of the aforesaid, the petition is partly allowed in the following terms :

O R D E R

(i) The petitioner shall be entitled to withdraw sum of Rs. 2,25,000/- along with accrued interest, if any, in addition to amount of Rs. 2,80,941/.

2/3

(ii) The order with respect to claims for group insurance, medical leave encashment and bonus is maintained, however, granting liberty to the petitioner to avail appropriate remedy for adjudication of the same. If such proceeding is filed, the same shall be decided on its own merits. (iii) Parties to bear their own costs.

[ROHIT W. JOSHI] JUDGE 3/3