Bombay High Court
M/S. Precise Electricals Pvt. Ltd vs Aadhaar Mathadi And General Kamgaar ... on 24 June, 2022
Author: M. S. Karnik
Bench: Dipankar Datta, M. S. Karnik
911-aswp7501-2022
AGK
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 7501 OF 2022
M/s. Precise Electricals ...Petitioner
V/s.
Aadhaar Mathadi & General
Kamgaar Sanghatna & Ors. ...Respondents
Mr. Filji Frederick with Mr. Vinay Kumar, Mr. Ali
Kazmi & Ms. Supriya Chourasiya i/by FF &
Associates for the petitioner.
Ms. R. A. Salunkhe, for respondent nos. 3 and
4/State.
CORAM: DIPANKAR DATTA, CJ &
M. S. KARNIK, J.
DATE: JUNE 24, 2022 P.C.:
1. The respondent no. 2/Board has passed an order dated 15th May 2021 directing the petitioner to pay an amount of Rs. 16,97,524/- towards arrears of wages payable to mathadi workers for the month of October 2016 and June 2018 to January 2021. Since the petitioner did not make payment of such sum, a notice dated 30th May 2022 has been issued by the respondent no. 3/Recovery Officer under section 13(5) of the Maharashtra Mathadi, Hamal and Other Manual Workers (Regulation of Employment and Welfare) Act, 1969 for recovery of such sum. The order dated 15th May 2021 and the notice dated 30th May 2022 are under challenge in this writ 1 911-aswp7501-2022 petition on diverse grounds.
2. Mr. Frederick, learned advocate appearing for the petitioner, submits that the order dated 15th May 2021 was passed ex parte. According to him, the restrictions imposed by the State Government due to the pandemic resulted in the petitioner's representatives not being able to attend some of the hearings and in such circumstances, the respondent no. 2/Board ought not to have passed the impugned order.
3. Even if what the petitioner alleges is correct, there is no substantial reason for the petitioner's delayed approach to this Court. The writ petition has been instituted on 22 nd June 2022, only after the notice dated 30th May 2022 was issued.
4. We need to test the bona fide of the petitioner and in such view of the matter, we require it to deposit the sum of Rs. 16,97,524/- with the Registry of this Court, without prejudice to the rights and contentions of the parties, by 8 th July 2022.
5. We, accordingly, stay the order dated 15th May 2021 and the notice dated 30th May 2022, unconditionally, till 8th July 2022.
6. In the event of deposit of the sum of Rs. 16,97,524/- within 8th July 2022, the order of stay shall continue to be operative till 29th July 2022, or until further orders, whichever is earlier.
7. In default of deposit by 8th July 2022, the interim order passed by us shall stand automatically vacated and the respondent no. 3/Recovery Officer shall be at liberty to effect 2 911-aswp7501-2022 recovery in accordance with law.
8. List this writ petition on 12th July 2022 once again.
9. Ms. Salunkhe, learned AGP appears for the respondent no.3/Recovery Officer. The petitioner is directed to serve notice once again on the respondents 1 and 2 within a week from date together with a copy of this order.
(M. S. KARNIK, J.) (CHIEF JUSTICE)
Digitally
signed by
ATUL
ATUL GANESH
GANESH KULKARNI
KULKARNI Date:
2022.06.27
11:12:07
+0530
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