Disposed

Maharashtra Engineering Plastic and General Kamgar Union and Anr. v. M/S. City and Industrial Development Corporation of Maharashtra Limited and Anr.

Bombay HC15 Jan 2024CP/324/2019

Case brief

AI extract

What is this about?

Union alleged contempt of an order requiring CIDCO to deposit employees' dues in the Industrial Court. The court found Rs.75 lakh had been deposited, constituting substantial compliance. It declined to permit withdrawal beyond contempt jurisdiction and disposed of the petition.

What the court decided

AI extract

Maharashtra Engineering Plastic and General… — Labour and Industrial Disputes | Bombay HC (2024)

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28-cp324-2019.doc

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AGK

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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CONTEMPT PETITION NO.324 OF 2019

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Digitally signed by ATUL ATUL GANESH GANESH KULKARNI KULKARNI Date: 2024.01.15 16:26:58 +0530

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Maharashtra Engineering Plastic
and General Kamgar Union & Anr.… Petitioners
V/s.
City and Industrial Development
Corporation of Maharashtra
Limited & Anr.… Respondents

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Mr. Jamshed Cama, Senior Advocate with Mr. Paul I.
Poulose, Mr. T.V. Louis, Mr. Aniruddha Lad i/by KLT
Law Associates for the petitioners.

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Mr. G.S. Hegde, Senior Advocate with Mr. Y.M. Pendse
i/by Ms. P.M. Bhansali for the respondent/CIDCO.

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CORAM:AMIT BORKAR, J.

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DATED:JANUARY 15, 2024

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P.C.:

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1.The petitioners have filed present contempt petition alleging
willful disobedience of order dated 3 May 2016 in Contempt
Petition No.92 of 2011. This Court while disposing of the said
contempt petition directed the respondents therein as under:

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“3.…Accordingly, dues payable to 30 employees, who
are listed in Annexure-1 to the complaint (i.e. other than the
aforesaid 74 employees who are claimed to have been paid
dues), who have not received any dues as per the record
produced by the Respondents, are ordered to be deposited in
the Industrial Court within a period of four weeks from
today. The amount so deposited by the Respondents shall be
invested by the Registrar of the Industrial Court Thane in

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28-cp324-2019.doc

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fixed deposit of a nationalized bank for a suitable period.
The amount is roughly ascertained at Rx.74 lacs.
Accordingly, the Respondents shall deposit Rs.75 lacs in the
Industrial Court at Thane, within a period of four weeks
from today.”

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2.It is undisputed fact that the respondents have deposited
Rs.75 lakh in the Industrial Court, Thane. Therefore, there is
substantial compliance of the order.

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3.Learned Senior Advocate seeks permission to withdraw the
amount. Grant of such permission to withdraw will exceed
contempt jurisdiction of this Court. Only scope of contempt
petition is to ascertain whether the order of which breach is
alleged has been willfully disobeyed or not. In view of deposit of
Rs.75 lakh by the respondents, there is substantial compliance.

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4.The remedy available for the petitioners is to apply before
the Industrial Court for withdrawal of such amount. If such an
application is filed, the Industrial Court Thane shall decide such
application in accordance with law within eight weeks from the
date of filing such application.

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5.Learned Senior Advocate for the respondents states that such
adjudication is already done. It is not for this Court to adjudicate
upon this issue as such controversy will be within the jurisdiction
of the Industrial Court.

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6.The contempt petition stands disposed of in above terms. No
costs.

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(AMIT BORKAR, J.)

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Maharashtra Engineering Plastic and General Kamgar Union and Anr. v. M/S. City and Industrial Development Corporation of Maharashtra Limited and Anr.

Case brief

What is this about?

What the court decided

Maharashtra Engineering Plastic and General Kamgar Union and Anr. v. M/S. City and Industrial Development Corporation of Maharashtra Limited and Anr.

Case brief

What is this about?

What the court decided

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