Bombay High CourtCAZ/103/2014dispossed offdismiss for default

The President, Siddarth Samaj Kalyan Mandal, And Anor. v. Shrikrushna S/O Akaram Thorat And 2 ORS.

2015-03-23Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice Sunil B. Shukre3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR C.A.Z.NO. 103/2014 IN L.P.A.NO.63/2009 IN W.P.NO.476/2008. The President, Siddarth Samaj Kalyan Mandal and another. -VERSUSShrikrushna Akaram Thorat and others.

Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM

: B.P.DHARMADHIKARI & S.B.SHUKRE, JJ.

DATE : MARCH 23, 2015.

Heard Shri G.R. Sadar, learned counsel for the applicant/respondent no.1, Shri Anjan De, learned Counsel for appellant nos. 1 and 3, Ms. T. Khan, learned A.G.P. for respondent no.3 and Ms. Sapkal, learned Counsel for respondent no.2 Manager.

Learned counsel for respondent no.2 submits that respondent has failed to give any instructions and R.P.A.D. sent to it has been received back with postal endorsement that such post does not exist.

Respondent no.2 has engaged a counsel

who has filed Vakalatnama, as such, reason for return of R.P.A.D. Envelope cannot be accepted as genuine. Learned Single Judge of this Court while allowing writ petition has directed respondent nos. 1 to 3 in the Writ Petition to pay wages for the period from 01.01.2004 to 31.10.2008. This direction dated 20.10.2008 is still not complied with.

Shri De, learned counsel for the appellants informs that the respondent no.1 has been informed accordingly that it is the responsibility of the Education Officer to pay the wages.

Learned A.G.P. appearing for the Education Officer submits that directions given by the learned Single Judge is to respondent nos. 1 to 3 in Writ Petition. Those respondents are President of the Institution, its Manager and Headmaster.

We find that President and Headmaster are appellants before this Court and they have joined Manager as party respondent no.2. In this situation, we direct the appellants to abide by the order of learned Single Judge and to deposit the amount of wages with the Registry of this Court within a period of 8 weeks from today.

Request of Shri Sadar, learned counsel for grant of interest shall be looked thereafter. Civil Application is accordingly disposed of. No costs.

JUDGE JUDGE Rgd.