Bombay High Court
Shri Saibaba Sansthan Shirdi Through ... vs The State Of Maharashtra And Others on 28 October, 2021
Bench: Ravindra V. Ghuge, S.G. Mehare
960-cast-29409-2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION (STAMP) NO.29409 OF 2021
IN PIL/98/2021
SHRI SAIBABA SANSTHAN SHIRDI
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Mr.A.S. Bajaj, Advocate for the Applicant.
Mr. D.R. Kale, GP for the State.
Mr. Ajinkya Kale a/w Mr. K.M. Nagarkar, Advocate for Petitioner in PIL/ 98/2021.
Mr. R.S. Deshmukh, Sr. Counsel a/w Mr. I.S. Godsay & Mr. Devang R. Deshmukh, Advocate for the petitioner (In PIL No.100/2021). Mr. P.R. Katneshwarkar, Mr. R.A. Tambe, Mr. R.R. Karpe, Mr. M.A. Jahagirdar, Mr. N.L. Jadhav and Mr. A.C. Darandale, Advocate for the Respondents.
...
CORAM : RAVINDRA V. GHUGE & S.G. MEHARE, J.J. DATED : 28th OCTOBER, 2021 PER COURT:-
1. This civil application dated 28.10.2021 is fled across the bar by the CEO of Shri Saibaba Sansthan Trust Shirdi. A resolution dated 16.10.2021 passed by the Ad-hoc Committee is placed on record which indicates that the employees of the Sansthan and contract labourers are to be paid ex-gratia amounts which are by way of a diwali bonus. It is stated that there are about 5000 employees which include the permanent employees of the sansthan as well as the contractual employees deployed with the sansthan by the labour contractors.
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2. Shri Bajaj, the learned advocate for the sansthan has placed on record about 6 orders passed by this Court at the stroke of diwali vacation wherein this Court has conditionally permitted the disbursement of the amounts to the employees. In each order, this Court has directed that the State Government should approve such disbursement. Shri Bajaj therefore prays that an identical order be passed.
3. Shri Deshmukh, the learned senior advocate along with Shri Kale, the learned advocate appearing on behalf of the two PIL petitioners, submit that the sansthan has not approached this Court atleast four weeks to eight weeks prior to the diwali vacation. On every occasion, the record would reveal that the sansthan has approached this Court at the stroke of vacation and, therefore, leaving hardly any time for the litigating parties to tender their replies to the civil application. Once the amounts are disbursed to the employees, the civil applications lose their signifcance.
4. We fnd from the orders passed by this Court earlier that in 2012, we had permitted the disbursement of Rs.4,84,00,000/-. Rs. 5,60,00,000/- were disbursed in 2013. Rs.5,60,00,000/- were disbursed in 2014. An amount of Rs.6,75,00,000/- were disbursed in 2015. Orders passed by this Court for the years 2017 till 2019 are not placed on record. In 2020, this Court has only mentioned that the ex- gratia amounts be disbursed, in it's order dated 04.11.2020. Shri Bajaj informs us that an amount of Rs.10,03,57,660/- were disbursed. 2/5 ::: Uploaded on - 29/10/2021 ::: Downloaded on - 30/10/2021 05:32:43 :::
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5. We conspicuously fnd, in the context of disbursement of ex-gratia amounts at the stroke of diwali to the permanent as well as the contractual employees, that on not a single instance had the sansthan placed before us the data indicating the names of the benefciary permanent employees, the names of the frms of the labour contractors and the amounts disbursed to the contractual labourers. It is beyond debate that the Contract Labour (Regulation and Abolition) Act, 1970 permits engagement of contractual employees. If ex-gratia amounts towards diwali festivals are to be paid to the contractual employees, the said amounts have to be paid by the labour contractors and never does the principal employer make such payment directly.
6. It is quite unusual that the sansthan approaches this Court seeking permission for such disbursement and this issue has never been taken up before this Court. Even today, we fnd that the applicant has approached the Court at the eleventh hour as the last working day would be tomorrow and if we pass a harsh order of not disbursing the amounts because of non-fulfllment of statutory compliances, it would be the Class-IV employees who would have to sufer in the diwali festival when the whole nation would be in celebration.
7. In the peculiar facts as recorded above, we are passing the following order:
a) We permit the sansthan to disburse the amount of Rs.11 Crores as per the resolution dated 16.10.2021.
b) In future, we would not entertain such an application if fled at the 3/5 ::: Uploaded on - 29/10/2021 ::: Downloaded on - 30/10/2021 05:32:43 ::: 960-cast-29409-2021.odt stroke of vacation.
c) We expect the sansthan to be proactive and make an assessment of the ex-gratia amounts by the month of August of each year.
d) The ad-hoc body constituted by this Court or the regular management committee, as the case may be, would fle a civil application on or before the 15th day of September of each year (if so required) and after considering the replies of the non-applicants, we would be passing an order and surely after taking into account the view of the State Government.
e) Notwithstanding the above, the management committee of the sansthan administering the sansthan shall follow the same procedure of making an assessment of the amounts to be paid, by the month of August of each year and take a decision of disbursement atleast four weeks prior to the diwali festival.
f) The santhan shall place before us, on the next date of hearing in the public interest litigations, a statement of disbursement of amounts to it's own employees as well as the statement of having disbursed the ex-gratia amounts to those contractual labourers who are deployed with the sansthan through their respective labour contractors-
employers.
g) The sansthan shall place before us a chart indicating the salaries paid to the permanent employees/temporary employees as well as the contractual labourers deployed by the labour contractors for the years 2016-2021 and the challans indicating the depositing of the PF 4/5 ::: Uploaded on - 29/10/2021 ::: Downloaded on - 30/10/2021 05:32:43 ::: 960-cast-29409-2021.odt contributions with the concerned PF authorities. A ready reference chart can also be conveniently fled.
h) Based on the PF records, we would make an assessment as regards the quantum of wages paid to the employees of the sansthan as well as the contractual employees and the ex-gratia amounts.
i) Ex-gratia payments in future shall not be made by the sansthan directly to the contractual employees and this aspect would be left to the labour contractors who would make such payments of ex-gratia amounts and raise bills for reimbursement with the sansthan as is statutorily expected to be done under the CLRA Act, 1970.
j) Such disbursement of ex-gratia amounts shall be made through the bank/money transfer so as to deposit the amounts in the salary bank accounts of employees, even by the labour contractors.
k) The disbursement of amounts as ordered today would be subject to the pending litigation before this Court.
(S.G. MEHARE. J.) (RAVINDRA V. GHUGE, J.) Mujaheed// 5/5 ::: Uploaded on - 29/10/2021 ::: Downloaded on - 30/10/2021 05:32:43 :::