✦ Bombay High Court · 04 Jul 2006

M/s.Rasdhara Industries v. Akaram Ananda Kamble & Ors.

Civil Application No. 856 of 2006S VAZIFDAR, R M LODHA

Case at a glance

Decided
04 Jul 2006
Bench
S VAZIFDAR, R M LODHA

Outcome

Disposed of

The appeal is disposed of accordingly

Key paragraphs

  • Para 22. Mr.S.S.Pakale, counsel for the appellant prayed for a day's time to seek instructions from the appellant in this regard. He, however, submitted that the appellant has always been ready and willing to reinstate the respondents in service but the respondents have not chosen to…
  • Para 44. In our considered view, the time sought for by the appellant in depositing the back wages is fair and reasonable. Accordingly, we direct the appellant to deposit 50% of the back wages within two weeks from today and the remaining 50% of back wages…
  • Para 55. As regards the contention of the counsel for the appellant that the appellant has always been ready and willing to reinstate the respondents in service, as and when this question arises, it would be examined in the appropriate proceedings. In so far as we…

Judgment

Mr.Sachin Manale for Mr.S.S.Pakale for the appellant. CORAM : R.M. LODHA & S.J.VAZIFDAR, JJ. DATED : 4TH JULY, 2006. P.C. The matter was heard by us yesterday on motion hearing and we indicated to Mr.S.S.Pakale, the counsel for the appellant that there was no merit in the appeal. However, we may consider granting some time to the appellant to deposit the back wages.

2.

Mr.S.S.Pakale, counsel for the appellant prayed for a day's time to seek instructions from the appellant in this regard. He, however, submitted that the appellant has always been ready and willing to reinstate the respondents in service but the respondents have not chosen to join the duties. Accordingly, the matter was kept for today.

3.

Today, Mr.Sachin Manale, counsel appears for the appellant 2 and submits that the appellant shall deposit 50% of the back wages within two weeks from today and the remaining 50% of the back wages within three weeks therefrom.

4.

In our considered view, the time sought for by the appellant in depositing the back wages is fair and reasonable. Accordingly, we direct the appellant to deposit 50% of the back wages within two weeks from today and the remaining 50% of back wages within three weeks therefrom.

Operative part

5.

As regards the contention of the counsel for the appellant that the appellant has always been ready and willing to reinstate the respondents in service, as and when this question arises, it would be examined in the appropriate proceedings. In so far as we are concerned, no order needs to be passed in this connection in the present appeal. The appeal is disposed of accordingly. (R.M.LODHA, J.)

(S.J.VAZIFDAR, J.)

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: The appeal is disposed of accordingly

Which court decided this case, and when?

Bombay High Court, on 04 Jul 2006. The bench was S VAZIFDAR, R M LODHA.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

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