Kondabai Maruti Ghodake And Another v. The Municipal Council Osmanabad Thr Its Chief Executive Officer And Another
2025:BHC-AUG:10183
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 974 CIVIL APPLICATION NO. 2203 OF 2025 IN WP/12310/2022 Usha Eknath Jogdand
VERSUS
The Municipal Council Osmanabad Thr Its Chief Executive Officer Another WITH CIVIL APPLICATION NO. 2207 OF 2025 IN WP/5072/2023 Kondabai Maruti Ghodake And Another
VERSUS
The Municipal Council Osmanabad Thr Its Chief Executive Officer And Another WITH CIVIL APPLICATION NO. 2206 OF 2025 IN WP/12295/2022 Subhadra Nagappa Mahindrakar And Another
VERSUS
The Municipal Council Osmanabad Thr Its Chief Executive Officer And Another WITH CIVIL APPLICATION NO. 2204 OF 2025 IN WP/12311/2022 Khatunbee Ilahi Tamboli And Another
VERSUS
The Municipal Council Osmanabad Thr Its Chief Executive Officer Another WITH CIVIL APPLICATION NO. 2202 OF 2025 IN WP/12309/2022 Parvati Durganath Madhurkar And Another
VERSUS
The Municipal Council Osmanabad Thr Its Chief Executive
Officer Another WITH CIVIL APPLICATION NO. 2205 OF 2025 IN WP/12298/2022 Chandrakala Rajendra Patil And Another
VERSUS
The Municipal Council Osmanabad Thr Its Chief Executive Officer Another *** • Mr. N. P. Patil Jamalpurkar, Advocate for the Applicants • Mr. M. B. Kolpe h/f Mr. V. B. Deshmukh, Advocate for Respondent No. 1 • Mr. D. V. Tele, Advocate for the Respondent No. 2 • Mr. S. B. Jadhav, AGP for the Respondent/State *** CORAM : R. M. JOSHI, J DATE : APRIL 02, 2025 COMMON ORDER :
1.
These applications are filed by the Applicants/Original Respondents for withdrawal of amount deposited by Respondent/Original Petitioner - Municipal Council, Osmanabad.
2.
Applicants have filed proceedings before the Labour Court, Latur seeking direction to pay the arrears of wages. These applications filed under the Industrial Disputes Act came to be allowed. Petitioner - Municipal Council being aggrieved by the said orders has filed these Petitions. The orders impugned were
stayed subject to deposit of entire amount. By these applications, Applicants/Employees seek withdrawal of the said amount.
3.
Learned Counsel appearing for the Municipal Council records no objection for the withdrawal of amount subject to usual undertaking that the said withdrawal would be subject to outcome of these Petitions and that if Petitioner succeeds, the Applicants/Employees would return the said amount to the Municipal Council.
4.
There is no dispute about the fact that the concerned Applicants had earlier filed proceedings before the Labour Court by filing complaint under the provisions of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 for seeking regularization. The order of regularization passed in favour of Applicants/Employees came to be challenged before this Court as well as before the Hon'ble Supreme Court unsuccessfully. This fact clearly indicates that if the amount deposited is allowed to be withdrawn, the Municipal Council would be in a position to recover the same in case Council
succeeds in these Petitions from their retiral dues. 5.
In any case, since no objection has been recorded by the Municipal Council for withdrawal of amount, these applications stand allowed in terms of prayer clauses 'B' and 'C'. Undertaking be filed in this Court as well as before Labour Court while withdrawing the amount that in case the Petitioner - Council succeeds in the Petitions, the entire amount shall be refunded to the Municipal Council forthwith. (R. M. JOSHI, J.)