Sumedha P. Keluskar v. Eastern Peripherals Private Limited

Kartikeya 27-IA-16201-2024.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.16201 OF 2024 IN WRIT PETITION NO.7032 OF 2015 Sumedha P. Keluskar & Ors.

... Applicants In the matter between:

Eastern Peripherals Private Limited ... Petitioner

Versus

Union of India and Ors.

... Respondents Mr. Durgaprasad Poojari i/by M/s PDS Legal, for the Petitioner. Mr. D.P. Singh, for Respondent Nos.1 and 2.

CORAM

: SANDEEP V. MARNE, J.

DATE : 9 JANUARY 2025.

P.C. :

1) The Petition challenges the order dated 25 February 2015 passed by Development Commissioner (SEEPZ-SEZ), Mumbai certifying that an amount of Rs. 33,41,793/- is due to 40 workmen (Respondents) with further direction to the Collector, Mumbai Suburban, District to recover the said amount from the Petitioner under provisions of Section 33(C) of the Industrial Disputes Act, 1947 (ID Act).

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Kartikeya 27-IA-16201-2024.docx 2) By the order dated 13 August 2018, the Petition was admitted and the Petitioner was directed to deposit an amount of Rs. 4,48,025/- and upon such deposit, the impugned order was stayed. Accordingly, the Petitioner has deposited the said amount of Rs. 4,48,025/- in this Court, which is apparently invested. 3) The Respondent-Employees have filed Interim Application No. 16201 of 2024 contending that they no longer desire to press the claim for compensation of Rs. 33,41,793/- and would be satisfied if the amount of closure compensation is capped at Rs. 4,48,025/-. The Respondent-Employees have shown willingness to set aside the impugned order and to limit the amount of closure compensation to the amount deposited by the Petitioner in this Court.

4) With the consent of the parties, order dated 25 February 2015 passed by Development Commissioner is modified to the extent that the amount closure compensation payable in respect of Respondent-Employees would be Rs.4,48,025/-. Accordingly, the Respondent-Employees are permitted to withdraw the amount of Rs. 4,48,025/- deposited in this Court along with accrued interest without submitting any security.

5) With the above directions, the Writ Petition is partly allowed. Rule is made partly absolute.

6) Interim Application is disposed of.

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