Bombay High Court
The Goods Transport Labor Board Mumbai ... vs Annasaheb Patil Mathadi Kamgar Co-Op. ... on 17 December, 2019
Bench: Ranjit More, Surendra P. Tavade
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1 OF 2019
IN
WRIT PETITION (ST.) NO. 15097 OF 2019
The Goods Transport Labor Board
Mumbai & Ors. ...Applicant.
in the matter between
Annasaheb Patil Mathadi Kamgar Co-op
Credit Society Ltd. & Others. ...Petitioners
Versus
The State of Maharashtra ..Respondent.
Mr. Kamlesh Ghumre, Sonali Jadhav and Sandhya Lokhande for
the Applicants/Original Respondent Nos. 2 to 17.
Mr. L. S. Deshmukh for the Petitioners.
Ms R. M. Shinde-AGP for State.
Coram : RANJIT MORE &
SURENDRA P. TAVADE, JJ.
Date : December 17, 2019.
P. C. :
1. Heard the Learned Counsel for the respective
parties.
2. The Application is taken out for the modifcation of
the order dated 04 July 2019 passed in the above Writ Petition.
By the said order, we have noted that the issue involved in this
Petition is also involved in Writ Petition No. 5427 of 2019, and
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therefore, we directed both the Petitions to be clubbed together
and placed for hearing on 9th September, 2019. Since ad-interim
was granted in Writ Petition No. 4527 of 2019, similar ad-interim
relief was also came to be granted in this petition.
3. The Applicants (Original Respondent Nos. 2 to 17)
have now fled this application for modifcation of the said order.
The Learned Counsel contends that by the said order the
Applicants-Boards were directed to deduct the amount of
installment of loan of the Petitioner-societies from the
salary/wages and/or provident fund of the registered workers who
are the borrowers of the Petitioner-societies. He submits that at
this stage, the Applicant/Original Respondent-Boards have no
objection for direction to deduct the amount of installment of
loan of the Petitioner-societies from the salary and wages of the
registered workers who are the borrowers of the Petitioner-
societies. The objection is only with regard to the deduction from
the provident fund.
4. It is pointed out that, in Writ Petition No. 5427 of 2019
by way of interim relief, deduction is directed from the
salary/wages of the registered workers. However, in the order
dated 04th July, 2019, the inadvertently directions came to be
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issued for deductions from the provident fund.
5. Since, the deduction towards the provident fund
statutory deduction, coupled with the fact that in similar
petitions, we have not directed deduction from the provident
fund, we pass the following order.
ORDER
i) It appears that the words provident fund have appeared in the order dated 04th July, 2019 by mistake and the words provident fund and/or provident fund appearing in para. 1, 9th line in order dated 04 th July, 2019 stands deleted.
ii) The Applicants (Original Respondent Nos. 2 to
17)-Board shall deduct the amount of installment of loan of the Petitioner-societies from the salary and/or wages of the registered workers who are borrowers of the Petitioner- societies and continue to credit the same in the account of the Petitioner-societies.
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