Subhash Narsu Belote v. Parner Taluka Sahakari Sakhar Karkhana Maryadit Through Its Liquidator And ANR
*1*
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO. 1279 OF 2019 Sambhaji Baburao Belote Parner Taluka Sahakari Sakhar Karkhana Maryadit Thorugh Liquidator And Another WRIT PETITION NO. 1280 OF 2019 Revannath Dadasaheb Magar Parner Taluka Sahakari Sakhar Karkhana Maryadit Thorugh Liquidator And Another WRIT PETITION NO. 1281 OF 2019 Bansi Vitthal Gawali Parner Taluka Sahakari Sakhar Karkhana Maryadit Thorugh Liquidator And Another WRIT PETITION NO. 1282 OF 2019 Sampat Baban Sarde WRIT PETITION NO. 1283 OF 2019 Dattatray Tukaram Rohokale
*2* WRIT PETITION NO. 1284 OF 2019 Bhaskar Haribhau Jadhav WRIT PETITION NO. 1285 OF 2019 Bhaskar Sampat Thorat WRIT PETITION NO. 1286 OF 2019 Balu Ganpat Pathare Parner Taluka Sahakari Sakhar Karkhana Maryadit Thorugh Liquidator And Another WRIT PETITION NO. 1287 OF 2019 Bajirao Thakaji Bhandalkar WRIT PETITION NO. 1288 OF 2019
*3* Laxman Ranganth Tikone WRIT PETITION NO. 1289 OF 2019 Anil Vishnu Gagre WRIT PETITION NO. 1290 OF 2019 Ashok Maruti Kawade Parner Taluka Sahakari Sakhar Karkhana Maryadit Thorugh Liquidator And Another WRIT PETITION NO. 1291 OF 2019 Vishwas Sadashiv Kapse WRIT PETITION NO. 1292 OF 2019 Jaysing Kisan Wagh
*4* WRIT PETITION NO. 1293 OF 2019 Indrabhan Rambhau Pimparkar WRIT PETITION NO. 1294 OF 2019 Babaji Namdeo Jadhav WRIT PETITION NO. 1295 OF 2019 Gangadhar Laxman Kawade WRIT PETITION NO. 1296 OF 2019 Popat Ananda Kadam WRIT PETITION NO. 1297 OF 2019 Gangadhar Raghunath Gagare
*5* WRIT PETITION NO. 1298 OF 2019 Satyawan Keshav Dudhade WRIT PETITION NO. 1299 OF 2019 Haridas Bhagaji Kokate Parner Taluka Sahakari Sakhar Karkhana Maryadit Thorugh Liquidator And Another WRIT PETITION NO. 1300 OF 2019 Nileshwar Ramchandra Gat WRIT PETITION NO. 1301 OF 2019 Dashrath Genu Wakhare WRIT PETITION NO. 1302 OF 2019 Baban Revji Belote
*6* WRIT PETITION NO. 1303 OF 2019 Baburao Tabaji Mule WRIT PETITION NO. 1304 OF 2019 Dhondibhau Keshav Shrimandilkar WRIT PETITION NO. 1305 OF 2019 Shivaji Yamanji Kshirsagar WRIT PETITION NO. 1306 OF 2019 Sonyabapu Gulab Ghorpade WRIT PETITION NO. 1307 OF 2019
*7* Kashinath Nana Thopte WRIT PETITION NO. 1308 OF 2019 Madhukar Rambhau Pimparkar WRIT PETITION NO. 1309 OF 2019 Laxman Khandu Varpe WRIT PETITION NO. 1310 OF 2019 Lahanu Natha Yeole WRIT PETITION NO. 1311 OF 2019 Rajaram Hari Pimparkar
*8* WRIT PETITION NO. 1312 OF 2019 Subhash Narsu Belote WRIT PETITION NO. 1313 OF 2019 Umaji Tabaji Sarde WRIT PETITION NO. 1314 OF 2019 Kalyan Shivram Awari WRIT PETITION NO. 1383 OF 2019 Sampat Digambar Kedari WRIT PETITION NO. 1384 OF 2019 Vishnu Martand Sarde Parner Taluka Sahakari Sakhar Karkhana Maryadit Thorugh Liquidator And Another
*9* WRIT PETITION NO. 1385 OF 2019 Balkishan Bansi Chaudhari ...
Advocate for the Petitioners : Shri Parag V. Barde Advocate for Respondent 1 : Shri Prashant R. Nangare Advocate for Respondent 2 : Shri Abasaheb D. Shinde ...
CORAM : RAVINDRA V. GHUGE, J.
DATE :- 13th June, 2019 Per Court :- In all these petitions, the learned advocates for the petitioners and respondent no.2 submit that in an identical set of facts in Writ Petition No.12810/2017 along with a group of petitions (total 41 writ petitions) in the matter of Manik Keshav Jagdale vs. Parner Taluka Sahakari Sakhar Karkhana and another, this Court has delivered an exhaustive order on 17.07.2018 running into 22 pages. However, there are only two distinguishing factors insofar as these petitions are concerned. Firstly, the Liquidator in those 41 petitions had not appeared and had not produced the documents. In these petitions, the Liquidator has appeared, filed the written statement and produced few documents
*10* and then, did not participate in the proceedings before the Labour Court. Secondly, the amount calculated by the Labour Court in those 41 matters along with interest was about Rs.50 lac and in these matters, it is about 41 lac.
The Liquidator Mr.Rajendra Fakira Nikam is personally present in the Court. The learned advocate appearing on behalf of the Liquidator initially submitted that he was seeking time. Considering that the notice was issued on 31.01.2019 and was made returnable on 04.03.2019, I am disinclined in granting any adjournment. He then submits that he has received some documents, which he can file. I do not find that the said submission could be an impediment for disposing off these petitions in view of the identical petitions having already been disposed off by remitting the matters to the Labour Court so as to enable the Liquidator to participate in the said proceedings wholeheartedly and render fullest cooperation to the Labour Court for proper adjudication of the claims of these workers.
In view of the above and considering the reasons assigned in the earlier order dated 17.07.2018 in the identical set of facts, these Writ Petitions filed by the workers are partly allowed with the following directions:- (a) The impugned judgments are partly set aside only to the extent of remitting the applications to the Labour Court for
*11* enabling the Liquidator to participate in the proceedings and produce all documents and claims, if any, before the Labour Court for proper adjudication of the claims of these workers. (b) The conclusions of the Labour Court to the extent of absolving Kranti Sugar from the liability to make the payment to the workers exclusively under Section 33-C(2) of the Industrial Disputes Act, 1947 and holding Kranti Sugar as not being the employer of these workers, are sustained. (c) The amounts, which have been calculated by the Labour Court in the impugned orders, notwithstanding the paucity of necessary documents, which are in the custody of the Liquidator, are roughly about Rs.41 lac, which shall be deposited by the Liquidator before the Labour Court, on or before 31.08.2019.
(d) The workers as well as the Liquidator shall appear before the Labour Court on 01.07.2019 and formal notices need not be issued by the Labour Court.
(e) The issue as to whether, the Liquidator is indemnified by Kranti Sugar, is left open to be considered in any other proceeding and will not be a subject matter of the present proceedings before the Labour Court.
(f) The workers shall delete Kranti Sugar from the proceedings
*12* under Section 33-C(2) of the Industrial Disputes Act, 1947 before the Labour Court.
(g) The workers are permitted to withdraw those principal amounts, which have been granted by the Labour Court, without the interest component, after the Liquidator deposits the amount, by tendering an affidavit undertaking that if they have withdrawn excess amounts, they shall deposit the said amounts in the Labour Court within eight weeks after the findings/ judgment of the Labour Court.
(h) The workers are at liberty to raise independent claims for unpaid bonus and gratuity amounts and the time spent by them before the Labour Court and this Court in the instant proceedings, shall be a good ground for condonation of delay, if any.
(i) The observations in this order are restricted to the proceedings in hand in the face of the factors involved in the pending proceedings and will not be applicable to other workers, if the factors in their pending cases are distinct or distinguishable.
kps (RAVINDRA V. GHUGE, J.)