The Manager (Administration And Personnel), Maharashtra State Co-Op. Agriculture v. Shri. Balesha Mahibub Hotgikar And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2994 OF 2011 Solapur District Co-op. Agriculture Ramdas Kisanrao Ranaware & Anr.

WRIT PETITION NO.3036 OF 2011 Solapur District Co-op. Agriculture Laxman Chimraya Patil & Anr.

WRIT PETITION NO.3056 OF 2011 Solapur District Co-op. Agriculture Abbas Ahmed Tamboli & Anr.

CIVIL APPLICATION NO.2846 OF 2016 IN WRIT PETITION NO.3056 OF 2011 Abbas Ahmed Tamboli & Anr.

....Appllicants

IN THE MATTER BETWEEN

Solapur District Co-op. Agriculture Abbas Ahmed Tamboli & Anr.

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k 2/8 1 wp 2994.11 group as.doc WRIT PETITION NO.3060 OF 2011 Solapur District Co-op. Agriculture Vijaykumar Bapurao Deshmukh & Anr.

WRIT PETITION NO.2995 OF 2011 Solapur District Co-op. Agriculture Shahaji Dagadu More & Anr.

WRIT PETITION NO.3003 OF 2011 Solapur District Co-op. Agriculture Shivaji Tukaram Gidde & Anr.

CIVIL APPLICATION (STAMP) NO.2172 OF 2017 IN WRIT PETITION NO.3003 OF 2011 Solapur District Co-op. Agriculture ....Petitioner/Applicant Shivaji Tukaram Gidde & Anr.

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k 3/8 1 wp 2994.11 group as.doc WRIT PETITION NO.3033 OF 2011 Solapur District Co-op. Agriculture Balesha Mahibub Hotgikar & Anr.

WRIT PETITION NO3057 OF 2011 Solapur District Co-op. Agriculture Vasant Balbhim Gondal & Anr.

WRIT PETITION NO.8224 OF 2012 The Manager (Administration and Personnel) Maharashtra State Co-op. Agriculture Abbas Ahmed Tamboli & Ors.

WRIT PETITION NO.8225 OF 2012 The Manager (Administration and Personnel) Maharashtra State Co-op. Agriculture Vijaykumar Bapurao Deshmukh & Ors.

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k 4/8 1 wp 2994.11 group as.doc CIVIL APPLICATION NO.1565 OF 2013 IN WRIT PETITION NO.8225 OF 2012 The Manager (Administration and Personnel) Maharashtra State Co-op. Agriculture Vijaykumar Bapurao Deshmukh & Ors.

WRIT PETITION NO.8226 OF 2012 The Manager (Administration and Personnel) Maharashtra State Co-op. Agriculture Ramdas Kisanrao Ranaware & Ors.

WRIT PETITION NO.8227 OF 2012 The Manager (Administration and Personnel) Maharashtra State Co-op. Agriculture Shahaji Dagadu More & Ors.

WRIT PETITION NO.8228 OF 2012 The Manager (Administration and Personnel) 4 of

k 5/8 1 wp 2994.11 group as.doc Maharashtra State Co-op. Agriculture Shivaji Tukaram Gidde & Ors.

WRIT PETITION NO.8229 OF 2012 The Manager (Administration and Personnel) Maharashtra State Co-op. Agriculture Balesha Mahibub Hotgikar & Ors.

WRIT PETITION NO.8230 OF 2012 The Manager (Administration and Personnel) Maharashtra State Co-op. Agriculture Laxman Chimraya Patil & Ors.

WRIT PETITION NO.8231 OF 2012 The Manager (Administration and Personnel) Maharashtra State Co-op. Agriculture Vasant Balbhim Gondal & Ors.

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k 6/8 1 wp 2994.11 group as.doc Ms. Anjali P. Purav for the Petitioner in WP 3057 of 2011, 2994 of 2011, 3036 of 2011, 3056 of 2011, 3060 of 2011, 2995 of 2011, 3003 of 2011, 3033 of 2011.

Ms. Anjali Helekar for Respondent-employees.

Mr. Milind Deshmukh for Petitioner in WP Nos.8224 of 2012 to 8231 of 2012.

__________ CORAM: SANDEEP V. MARNE, J.

DATE : 9 APRIL 2025.

P.C.:

1.

These Petitions are filed by Solapur District Co-operative Agriculture and Rural Multi Purpose Development Bank Limited as well as by Maharashtra State Co-operative Agriculture and Rural Multi Purpose Development Bank Limited challenging the orders passed by the Industrial Court by which directions were issued for payment of various amounts to the Respondent-employees. Both Ms. Purav and Mr. Deshmukh the learned counsel appearing for the Petitioner-Banks would submit that all the disputes with the individual employees have already been resolved. It is pointed out that the concerned employees have already been paid amounts towards full and final settlement. That they have agreed not to press any further claims towards interest or additional amount against the Petitioner-Banks. Copies of some of the undertakings executed by the Respondent-employees in favour of Branch Offices of the Banks have been shown to me. The said undertakings would 6 of

k 7/8 1 wp 2994.11 group as.doc indicate that upon receipt of agreed amount, the Respondentemployees have given up their claim for interest. 2.

Since all the claims of the Respondent-employees involved in the present Petitions are already said to have been settled, nothing survives to be adjudicated in these Petitions. Ms. Helekar, the learned counsel appearing for the Respondentemployees would submit that she does not have any instructions to verify the claim of the Petitioner-Banks about settlement of the disputes. She would submit that despite making repeated attempts, several of her clients are un-contactable. The Petitions cannot be kept pending indefinitely. If any individual employee has any grievance with regard to non-payment of dues to him/her, they would be at liberty to file appropriate proceedings either in this Court or before the appropriate Forum. As of now it would be appropriate to dispose of all these Petitions by modifying the orders passed by the Industrial Court and bringing the same in tune with the settlement executed with the Petitioner-Banks.

3.

All the impugned orders passed by the Industrial Court are accordingly modified to the extent that the amount already agreed to be paid/paid by the Petitioner-Banks shall be towards full and final settlement of all claims of Respondent-employees against the Petitioner-Banks. However if any particular employee has a grievance of non-receipt of the amount under the 7 of

k 8/8 1 wp 2994.11 group as.doc settlement, he would be at liberty to file appropriate proceedings either in this Court or in the appropriate Forum. 4.

It appears that since the Respondent-employees are individually paid the amount of compensation, the balance amount remaining in the accounts of this Court can be permitted to be withdrawn by the Administrator of the Solapur District Co-operative Agriculture and Rural Multi Purpose Development Bank Limited and Maharashtra State Co-operative Agriculture and Rural Multi Purpose Development Bank. Accordingly leave granted to the Administrator to withdraw the entire deposited amount in this Court alongwith accrued interest.

5.

With the above directions, all the Petitions are disposed of.

6.

In view of disposal of the above Writ Petitions, nothing would survive in the above Civil Applications and the same are also accordingly disposed of.

(SANDEEP V. MARNE, J.) by SUDARSHAN RAJALINGAM KATKAM Date:

2025.04.15 14:14:32 +0530 SUDARSHAN RAJALINGAM KATKAM 8 of