Sainik Sahakari Bank Limited and Anr. v. Dhanaji Maruti Ghorpade and Ors.

Bombay HC15 Jan 2008LPA/219/2007

Case brief

AI extract

What is this about?

This single-judge intermediate order on appeal in a labour dispute directed the appellant bank to deposit Rs.1,75,000 immediately and create a fixed deposit for the balance amount, referring the workman's entitlement claim to the Single Judge disposing of the writ petition.

What did the court decide?

Order directed deposit of Rs.1,75,000 and referral of balance claim to Single Judge.

Sainik Sahakari Bank Limited and Anr. Vs Dhanaji Maruti Ghorpade and Ors. — Bombay HC (2008) — LawSathi Research

¶1

¶2

 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 CIVIL APPELLATE JURISDICITON

¶3

 LETTERS PATENT APPEAL NO.219 OF 2007
 IN
 WRIT PETITION NO.3840 OF 2007

¶4

 Sainik Sahakari Bank Limited
 & Another .. Appellants.

¶5

 Versus

¶6

 Shri.Dhanaji Maruti Ghorpade & Ors... Respondents.

¶7

 Mr.S.S. Pakale for the appellants.

¶8

 Mr.A.D. Nimbalkar for respondent No.1.

¶9

CORAM : SWATANTER KUMAR, C.J. &
 J.P. DEVADHAR, J.

¶10

DATED : 15th January, 2008
 P.C. :

¶11

 1. By an order dated 7th April, 2007, the

¶12

 Industrial Court, Satara directed the Appellants to
 pay compensation of Rs.5,00,000/- to the workman and
 thus declined reinstatement. Both the workman as
 well as the management feeling aggrieved from the
 order of the Industrial Court, filed Writ Petition
 being Writ Petition No.3840 of 2007 and Civil Writ
 Petition No.5769 of 2007 respectively. The learned
 Single Judge by order dated 27-8-2007 issued rule in
 both the writ petitions and further passed an
 interim order to the effect that the management
 should deposit a sum of Rs.5,00,000/- and the
 workman would be permitted to withdraw a sum of

¶13

¶14

 Rs.1,75,000/- unconditionally and that the balance
 amount can be withdrawn by the workman upon
 furnishing security and if no security is furnished
 and the remaining amount is not withdrawn, same was
 ordered to be invested in a nationalised bank. The
 management has impugned the order dated 27-8-2007 in
 the present appeal, wherein they contended that
 there is no basis for fixation of Rs.5,00,000/- as
 compensation and in any case for its payment to the
 workman by an interim order. Reliance is placed on
 the judgment of the Supreme Court in the case of
 O.P. Bhandari V/s. Indian Tourism Development
 Corporation Limited and others reported in
 1986-(SC2)-GJX-0350-SC.

¶15

 2. Having heard the learned counsel appearing
 for the parties and without going into the merits of
 the contentions raised in regard to the validity or
 otherwise of the Award of the Industrial Court, ends
 of justice would be met if the amount of
 Rs.1,75,000/- is deposited and is paid to the
 workman in terms of the order of the learned Single
 Judge dated 27-8-2007. Since the workman has also
 raised dispute with regard to correctness of the
 order of the Industrial Court, we direct that the
 management shall create a Fixed Deposit receipt in
 its own account for the balance amount of
 Rs.3,25,000/- which shall carry interest and whether

¶16

¶17

 the workman is entitled to that amount or not would
 be decided by the learned single Judge at the time
 of disposing of the writ petition.

¶18

 3. The appeal is accordingly disposed of

¶19

 leaving the parties to bear their own costs.

¶20

 CHIEF JUSTICE

¶21

 J.P. DEVADHAR, J.

Sainik Sahakari Bank Limited and Anr. v. Dhanaji Maruti Ghorpade and Ors.

Case brief

What is this about?

What did the court decide?

Sainik Sahakari Bank Limited and Anr. v. Dhanaji Maruti Ghorpade and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

The State of Maha. Vs Shukracharya R. Thakur and Anr.

Kalyan Dombivli Municipal Corporation Vs Ram Tukaram Gaikwad

Kalyan Dombivli Municipal Corporation Vs Prakash Tukaram Sanas and Ors.

Indo Russian Aviation Limited Vs Chagan a. Vidathe

Indo Russian Aviation Limited Vs Chagan a. Vidathe

Sainik Sahakari Bank Limited and Anr. Vs Dhanaji Maruti Ghorpade and Ors.