Allowed

The General Secretary, Marathwada Lal Bawta Kamgar Union Karyalaya and Others v. the State of Maharashtra and Others

Bombay HC27 Oct 2015CA/3984/2014

Case brief

AI extract

What is this about?

The High Court of Bombay Bench at Aurangabad allowed a civil application by a Union representing workmen, permitting its Secretary to collect cheques from the State treasury on behalf of members pending an undertaking affidavit and identity proof. The order mandated submission of acknowledgments and exempted the State from liability for individual disputes.

What did the court decide?

Permission granted to the Union Secretary to collect cheques and hand them over to individual workmen after filing an undertaking affidavit.

The General Secretary, Marathwada Lal Bawta Kamgar… — Service and Employment | Bombay HC (2015)

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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CIVIL APPLICATION NO. 14419 OF 2015 IN WRIT PETITION NO.4057/2011 WITH CIVIL APPLICATION NO.3984/2014 AND CIVIL APPLICATION NO.11357/2014

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SECRETARY, MARATHWADA LAL BAWTA KAMGAR UNION VERSUS THE STATE OF MAHARASHTRA AND OTHERS

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... Advocate for Applicant : Shri Yenge Balaji B. AGP for Respondents: Shri Salgare S.J.

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CORAM : RAVINDRA V. GHUGE, J. Dated: October 30, 2015 ...

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PER COURT :-

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The applicant - Union, which is the original respondent in Writ Petition No.4057 of 2011, by this application prays for leave to collect the cheques on behalf of the individual beneficiary workmen and handover the cheques to such individuals.

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Shri Yenge, learned Advocate submits that it would be cumbersome and impractical for individual workmen to travel to Aurangabad by spending amounts for travelling only for the purpose of receiving their amounts which are small portions. It is submitted that instead the applicant Union representative can collect the cheque and handover the same to the individual workmen.

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Learned AGP submits that the individual undertakings are ordered to be placed on record. Similarly, if the Union - Secretary files an undertaking, by which he will be bound to handover the individual cheques to the workmen, the respondents will have no objection.

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In the light of the above, this Civil Application is allowed. The Union Secretary, duly identified by the learned Advocate for the applicant is

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akl/d

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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CIVIL APPLICATION NO. 14419 OF 2015

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permitted to collect the cheques on behalf of the individual workmen only after submitting an undertaking affidavit stating that he shall be duty bound to ensure that the cheques are handed over to the individual workmen, within three weeks from the date of receiving them. Tangible identity proof shall also be placed on record.

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After the cheques are handed over to the individual workmen by the Secretary of the applicant Union, he shall produce an original acknowledgment receipt from each of such individual workmen of having received the cheque and shall file them with the Registry.

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If any dispute is raised by any individual workmen in relation to nonreceipt of the cheque, same shall be a dispute between the applicant Union and the individual workmen and for which the respondents / departments shall not be responsible.

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In the light of the above order, all pending Civil Applications stand disposed off.

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( RAVINDRA V. GHUGE, J. )

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akl/d

The General Secretary, Marathwada Lal Bawta Kamgar Union Karyalaya and Others v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

The General Secretary, Marathwada Lal Bawta Kamgar Union Karyalaya and Others v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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