Respondent seeks release of Rs. 23 lacs deposited by Petitioner in earlier writ proceedings, to which Petitioner did not appear. Court allowed Notice of Motion and granted release.
Notice of Motion is allowed; Petitioner directed to release deposited amount of Rs. 23 lacs along with interest to Respondent.
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jpc/-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 396 OF 2010 IN
WRIT PETITION NO.3123 OF 2005
M/s Indian Smelting & Refining Co. Ltd. .. Petitioner Versus
Sarva Shramik Sangh .. Respondent/ Applicant
Mr. Bhavesh Parmar a/w Mr. Jatin Sheth a/w Ms. Sandhya Mailagri amd Mr. D. M. Shukla for the Respondent/Applicant
CORAM : S. J. KATHAWALLA, J. DATE : 7th September, 2010
P.C.:
1. By this Notice of Motion the Respondent/Applicant is seeking direction against the Prothonotary and Senior Master, O.O.C.J, High Court, Bombay to release the amount deposited by the Petitioner vide order dated 6th March, 2006 and 2nd May, 2006 in Writ Petition No. 2123/2005, alongwith interest accrued thereon.
2. The above Writ Petition was filed by the Petitioner impugning the order passed by the Industrial Court dated 23rd September, 2005 inter alia declaring that the employees were entitled to status of permanency as well as permanency benefits in pursuance of the agreements that were entered into by the Petitioner with effect from the date of completion of 18
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months continuous service by each of the concerned employee.
3. In the above Writ petition, by an order dated 6th March, 2006, the Petitioner was inter alia directed to deposit in this Court an amount of Rs. 23 lacs. By an order dated 2nd May, 2006 this Court directed the office to invest the said amount of Rs. 23 lacs so deposited by the Petitioner, with any nationalised bank initially for a period of 13 months and renew the same from time to time until further orders. The above Writ Petition was disposed of by this Court by an order dated 13th October, 2008 in favour of the Respondent and against the Petitioner. Consequently the Respondent became entitled to receive the said amount of R.23 lacs deposited by the Petitioner. The matter was carried in appeal by the Petitioner which was dismissed by an order of the Division Bench dated 13.7.2009. An SLP preferred therefrom was also rejected on 25.1.2010.
4. In the above circumstances, the Respondent has taken out the present Notice of Motion seeking release of the said amount of Rs.23 lacs with interest accrued thereon.
5. As can be seen from the affidavit of service dated 3rd September, 2010 the Notice of Motion has been served on the Petitioner. However, the Petitioner has not appeared before this Court.
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6. I have considered the submissions made on behalf of the Respondent and perused the orders set out herein above. Undoubtedly, the order passed by the Industrial Court, Mumbai dated 23rd September, 2005 has prevailed and therefore the Respondent is entitled to the said sum of Rs.23 lacs alongwith interest accrued thereon as sought in the Notice of Motion. In view thereof, the Notice of Motion is allowed in terms of prayer clause (a).
7. Notice of Motion is accordingly disposed of.
M/s Indian Smelting & Refining Co. Ltd.
Sarva Shramik Sangh
S. J. KATHAWALLA
As recorded by the court registry
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