Writ Petition No. 8900 of 2011 · The High Court
Case Details
{1} 901.1-WP-8900-2011+ IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 8900 OF 2011 WITH CIVIL APPLICATION NO. 7674 OF 2016 1. Ahmednagar Zilla Sahakari Krushi Gramin Bahuddeshiya Vikas Bank Ltd., Ahmednagar, Bhuvikas Bhavan, Court Galli, Ahmednagar, Through its Manager 2. District Registrar of Co-operative Ahmednagar. ...Petitioners VERSUS Madhukar Mahadeo Devane 1. Ramdayal Murlidhar Lahoti 2. Rohidar Shankar Mhetre 3. Laxminarayan Radhakisan Joshi 4. Vishwanath Suryabhan Undre 5. Subhash Rhoda Bibwe 6. Bhagwan Rambhau Katore 7. Rambhau Ananda Pimple 8. 9. Sursh Rambhau Kawade 10. Sudam Rambhau Lande 11. Shivaji Kashinath Sukalkar 12. Bhagwat Khoma Hazare 13. 14. Commissioner of Co-operative & Registrar of Co-operative, Pune Station, Central Building, Pune-1. Tukaram Bapu Rajgire 15. Maharashtra State Co-operation Agricultural Rural and Multipurose, Development Bank Ltd., Mumbai. ALONG WITH WRIT PETITION NO. 8898 OF 2011 WITH CIVIL APPLICATION NO. 7675 OF 2016 Respondents Bhagyawant Punde {2} 901.1-WP-8900-2011+ 1. Ahmednagar Zilla Sahakari Krushi Gramin Bahuddeshiya Vikas Bank Ltd., Ahmednagar, Bhuvikas Bhavan, Court Galli, Ahmednagar, Through its Manager 2. District Registrar of Co-operative Ahmednagar. ...Petitioners VERSUS Subhash Madhavrao Deshmukh 1. Ashok Pundlik Waghmare 2. Dattatraya Baba Munphan 3. Ku. Mandakini Vidyadhar Panna 4. Manshiram Sarjerao Zine 5. Shivaji Dashrath Shinde 6. Vasantrao Yeshwantrao Dhanwat 7. Nanasaheb Pandurang Pawar 8. 9. Vasant Tukaram Idhape 10. Bharat Namchand Shah 11. Maruti Tabaji Shinde 12. Karbhari Asaraji Amte 13. Nivrutti Vithal Sangle 14. Sarjerao Manjaba Dhobe 15. Govind Baburao Sarode 16. Bajirao Trimbak Dhige 17. Khanderao Punjaji Dhatrak Tulshiram Mahadeo Shinde 18. 19. Pandurang Ganpat Gaikwad 20. Suryakant Narsingh Ransing 21. Arvind Maruti Bhandari 22. Commissioner of Co-operative & Registrar Coo-operative Pune, Central Building, Pune-1. 23. Maharashtra State Co-operation Agricultural Rural and Multipurose, Development Bank Ltd., Mumbai. ALONG WITH WRIT PETITION NO. 8899 OF 2011 WITH CIVIL APPLICATION NO. 7688 OF 2016 ...Respondents Bhagyawant Punde {3} 901.1-WP-8900-2011+ 1. Ahmednagar Zilla Sahakari Krushi Gramin Bahuddeshiya Vikas Bank Ltd., Ahmednagar, Bhuvikas Bhavan, Court Galli, Ahmednagar, Through its Manager 2. District Registrar of Co-operative Ahmednagar. ...Petitioners VERSUS
Legal Reasoning
Sitaram Shrirang Shinde Baban Sadashiv Aher Rohidas Bhimaji Warpe Macchindra Sahajram Tambe Asaram Baban Shrikhande Govind Bhaurao Nehe Pandurang Balaji Kanawade Bhanudas Punjaji Dhage Bhanudas Tukaram Kale Pandharinath Laxman Deshmukh 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Vitthal Gangadhar Chouhari 12. Subhash Namdeo Bhumkar 13. Ramakant Trimbak Kute 14. Commissioner of Co-operative & Registrar of Co-operative Pune Station, Central Building, Pune-1 15. Maharashtra State Co-operation Agricultural Rural and Multipurose, Development Bank Ltd., Mumbai. ALONG WITH WRIT PETITION NO. 4384 OF 2014 WITH CIVIL APPLICATION NO. 7008 OF 2016 ...Respondents 1. 2. The Administrator/District Registrar of Co-operative Ahmednagar Zilla Sahakari Krushi Gramin Bahuuddeshiya Vikas Bank Ltd., Through its Administrator Ahmednagar Zilla Sahakari Krushi Gramin Bahuddeshiya Vikas Bank Ltd., Bhagyawant Punde {4} 901.1-WP-8900-2011+ Ahmednagar, Patwardhan Chowk Court Galli, Ahmednagar Through its Managar. ...Petitioners 1. 2. 1. 2. 1. 2. 1. VERSUS Babasaheb Changdev Mandawade The Commissioner/Registrar Co-operative Societies Maharashtra State, Pune Station, Central Building, Pune. ...Respondents ALONG WITH WRIT PETITION NO. 4454 OF 2014 WITH CIVIL APPLICATION NO. 2902 OF 2016 The Administrator/District Registrar of Co-operative Ahmednagar Zilla Sahakari Krushi Gramin Bahuuddeshiya Vikas Bank Ltd., Through its Administrator Ahmednagar Zilla Sahakari Krushi Gramin Bahuddeshiya Vikas Bank Ltd., Ahmednagar, Patwardhan Chowk Court Galli, Ahmednagar Through its Managar. ...Petitioners VERSUS Shashikant Bhagwat Sonawane The Commissioner/Registrar Co-operative Societies Maharashtra State, Pune Station, Central Building, Pune. ...Respondents ALONG WITH WRIT PETITION NO. 4456 OF 2014 WITH CIVIL APPLICATION NO. 2901 OF 2016 The Administrator/District Registrar of Co-operative Ahmednagar Zilla Sahakari Krushi Gramin Bahuuddeshiya Vikas Bank Ltd., Through its Administrator 2. Ahmednagar Zilla Sahakari Krushi Bhagyawant Punde {5} 901.1-WP-8900-2011+ Gramin Bahuddeshiya Vikas Bank Ltd., Ahmednagar, Patwardhan Chowk Court Galli, Ahmednagar Through its Managar. ...Petitioners VERSUS Ismile Noorkhan Pathan Raosaheb Aba Takale Prabhakar Krushnanath Jeore The Commissioner/Registrar Co-operative Societies Maharashtra State, Pune Station, Central Building, Pune. ...Respondents ALONG WITH WRIT PETITION NO. 4455 OF 2014 WITH CIVIL APPLICATION NO. 2903 OF 2016 The Administrator/District Registrar of Co-operative Ahmednagar Zilla Sahakari Krushi Gramin Bahuuddeshiya Vikas Bank Ltd., Through its Administrator Ahmednagar Zilla Sahakari Krushi Gramin Bahuddeshiya Vikas Bank Ltd., Ahmednagar, Patwardhan Chowk Court Galli, Ahmednagar Through its Managar. ...Petitioners VERSUS Kisan Gawaji Shinde The Commissioner/Registrar Co-operative Societies Maharashtra State, Pune Station, Central Building, Pune. ...Respondents ALONG WITH WRIT PETITION NO. 6105 OF 2023 Ahmednagar Zilla Sahakari Krushi Gramin Bahuuddeshiya Vikas Bank Ltd., Through its Manager 1. 2. 3. 4. 1. 2. 1. 2. 1. Bhagyawant Punde {6} 901.1-WP-8900-2011+ The Liquidator/District Deputy Registrar Co-operative Societies, Ahmednagar Ahmednagar Zilla Sahakari Krushi Gramin Bahuuddeshiy Vikas Bank Maryadit Ahmednagar, Patwardhan Chouk District Court Campur, Ahmednagar ...Petitioners VERSUS Rajaram Dashrath Kadus Pratibha Shantaram Lagar (Dead) Through L.R. Shantaram Vinayak Lagar Najma Sayyad Najir Inamdar (Dead) Through L.R. Sayyad Najir Sayyadlal Inamdar Lilabai Ashok Londhe (Dead) Through L.R. Ashok Dashrath Londhe Vidya Vikas Kakade (Dead) Through L.R. Vikas Trimbak Kakade Baban Devidas Saidore Pandharinath Baburao Newase Balasaheb Eknath Bhalerao Sadashiv Kisan Gondkar (Dead) Through L.R. Smt. Sindhubai Sadashiv Gondkar 2. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Deoram Raosaheb Darkunde 11. Natha Rajaram Lashkare 12. Shashikala Mohan Shejul (Dead) Through L.R. Mohan Murlidhar Shejul 13. Shilabai Suresh Shelke (Dead) Through L.R. Suresh Waman Shelke 14. Rajani Umesh Shelke (Dead) Through L.R. Umesh Vasantrao Shelke 15. Sopan Murlidhar Shinde 16. Dinkar Baburao Zaware 17. Alka Pralhad Kharade (Dead) 18. Through L.R. Pralhad Govind Kharade The Commissioner of Co-operative & Registrar Co-operative Societies Govt. of Maharashtra, Pune Station, Central Building, Pune. ...Respondents ....... Mr. V.H. Dighe, Advocate for the petitioners. Mr. P.V. Barde, Advocate for respondents No. 1 to 13 in Writ Petition No. 8900/2011, for Respondent Nos. 1 to 21 in Writ Petition No. 8898/2022, for respondents No. 1 to 13 in Writ Bhagyawant Punde {7} 901.1-WP-8900-2011+ Petition No. 8899/2011, for Respondent No. 1 in Writ Petition No. 4384/2014, Writ Petition No. 4454/2014 and Writ Petition No. 4455/2014 for Respondents No. 1 to 3 in Writ Petition No. 4456/2014 and for Respondents No. 1 to 17 in Writ Petition No. 6105/2023. Mr. K.J. Suryawanshi, Advocate for respondent No. 15 in Writ Petition No. 8900/2011, for respondent No. 23 in Writ Petition No. 8898/2011, for respondent No. 15 in Writ Petition No. 8899/2011. Mr. S.R. Yadav Lonikar, AGP for respondent - State [CORAM : NITIN B. SURYAWANSHI, J.] ....... DATE : 13 th JULY, 2023 ORDER : 1. Since all these petitions raise common question of law and fact, they were heard together and are being decided by this common order. 2. Petitioners/Bank has challenged the decision of the Industrial Court in the complaints filed by the respondents/employees, thereby granting them due and payable allowance against dearness allowance as well as leave encashment and arrears of retirement benefits by virtue of revised dearness allowance, as well as the difference of provident fund. During the pendency of these petitions, from time to time, as per the directions given by this Court, petitioner has initially deposited 30% amount of the dues payable to the respondents, which the respondents were permitted to withdraw. Bhagyawant Punde {8} 901.1-WP-8900-2011+ Thereafter, amount of Rs. 15,00,000/- is deposited by the petitioner, which is lying in this Court. Subsequently, on 09.05.2023, amount of Rs. 1,91,23,418/- is paid by the Government to the petitioner for paying it to the respondents and other employees, who are not before this Court. 3. As per the directions issued by the Government in respect of all the banks who are before this Court in different petitions, following documents shall be obtained by the bank from the employees or their legal representatives. vfrfjDr funsZ’kkad egkxkbZ HkRrk Qjd vnk dj.kslkBh vko’;d vl.kkjh dkxni=s v½ 1- 2- 3- 4- deZpkjh g;kr vlY;kl%& vk/kkj dkMZ >sjkWDl iWudkMZ >sjkWDl cWad iklcqd >sjkWDl :- 100@& ps ckW.Moj fnysyk izfrKki=kpk uequk uksVjh d:u deZpkjh e;r vlY;kl%& e`R;wP;k nk[kY;kph ewG izr okjlnkj iRuhps vk/kkjdkMZ >sjkWDl okjlnkj iRuhps iWdkMZ >sjkWDl cWad iklcqd >sjkWDl brj okjlnkj ¼eqyxk@eqyxh½ ;kaps vk/kkjdkMZ >sjkWDl :- 500@& P;k ckW.Moj cWaadsus fnysY;k gehi=kpk (Indemnity c½ 1- 2- 3- 4- 5- 6- Bond) uequk uksVjh d:u ns.ks- Bhagyawant Punde {9} 901.1-WP-8900-2011+ 4. The employees who are alive are expected to file notarized undertaking on Rs. 100/- bond paper and in case of deceased employees, their legal heirs/representatives are expected to file notarized undertaking on Rs. 500/- bond paper. All these requirements are mentioned in the affidavit filed by the petitioner on 27.06.2023, and a copy of proforma of undertaking is also annexed. 5. By filing civil applications, the petitioners have sought modification of the order dated 04.08.2015, by which the petitioner was directed to deposit 30% of the amount and the assessed amount as directed by earlier order dated 12.06.2013. 6. Heard the learned advocate for the petitioners and learned advocates for the respondents. Perused the memo of writ petition, annexures thereto and the impugned order and the civil applications and reply filed to the civil applications. 7. Taking into consideration the fact that the amount to be paid to the respondents is received by the petitioners and the petitioners are ready to pay the said amount to the respondents
Decision
on compliance of documents, the writ petitions are disposed of by directing the petitioners to pay the amounts collected by Bhagyawant Punde {10} 901.1-WP-8900-2011+ them to the respondents/other employees who have not approached this Court, as soon as compliance is done by the respondents or other employees. 8. The respondents have raised a grievance that the undertaking etc., are not being accepted by the petitioners and in that case, the respondents or the legal heirs are entitled to file said documents with inward clerk of the petitioners or send it through RPAD. 9. The petitioners are hereby directed that on submission of necessary documents, the amounts shall be transferred in the respective bank account of the respondents and other employees, without any delay. 10. The amount of Rs. 15,00,000/- deposited by the petitioner in this Court be refunded to the petitioner along with accrued interest. 11. In the affidavit filed by the petitioner on 27.06.2023, it is stated that the petitioner bank has to pay the said amount to the 63 employees in their bank account respectively through R.T.G.S, after the concerned employees submit necessary documents, undertaking and affidavit with the petitioner/bank. Bhagyawant Punde {11} 901.1-WP-8900-2011+ Said statement is treated as undertaking to this Court and petitioner shall strictly abide by the same. 12. 13. With these directions, writ petitions are disposed of. In view of disposal of writ petitions, pending civil applications, if any, are disposed of. [NITIN B. SURYAWANSHI, J.] Bhagyawant Punde