Bombay High Court
Hindustan Antibiotics Retired ... vs Union Of India And Ors on 11 February, 2021
Author: R.I.Chagla
Bench: K.K.Tated, R.I.Chagla
18 wp10670-19.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 291 OF 2021
IN
WRIT PETITION NO.10670 OF 2019
Hindustan Antibiotics Retired Employees
Association and Anr. .. Petitioners
vs.
Union of India and Ors. .. Respondents
.....
Mr.Kunal Katariya a/w Ms.Ashmita Goradia a/w Mr.Soorabhi
Waknis i/b Mr.Aagam J. Doshi for the Petitioners
Mr.Ajinkya J. Jaibhave for the Respondent no.1
Mr.Deendayal G. Dhanure a/w Mr.Swapnil S. Dande for the
Respondent no.2
.....
CORAM: K.K.TATED &
R.I.CHAGLA, JJ.
DATED : FEBRUARY 11, 2021 P.C. . Heard.
2. In the present writ petition, the Petitioner is seeking directions against Respondent No.2 to calculate the arrears of salary of all the members of the Petitioner No.1 and pay the retirement dues with interest and compensation as deemed appropriate by this Court.
3. The Petitioner has made prayer clause (c) in the present writ petition for direction to the Respondents to frst pay the retirement dues of all the members of Petitioner No.1 before making any payment under the Voluntary Mohite 1/3 ::: Uploaded on - 15/02/2021 ::: Downloaded on - 27/08/2021 10:05:00 ::: 18 wp10670-19.odt Retirement Scheme 2019 or any other Voluntary Retirement Scheme to be introduced in future.
4. The learned counsel for the Petitioner submits that as per the contention of the Respondents their fnancial condition is not good and it is very diffcult for them to clear their dues. He submits that recently the Respondents have received a sum of Rs. 2.52 crore from the Union of India to accommodate the payment towards the settlement of old retirees for the terminal dues. He submits that though the said amount is towards the settlement of old retirees dues, as per their knowledge, the Respondent is using the said amount for clearing the retirement benefts of the persons who recently retired. Hence, they preferred the present interim application for order of injunction restraining the Respondents from using the said amount of Rs. 2.52 crore other than the settlement of old retirees for the terminal dues.
5. The learned counsel for the Applicant submits that, earlier also the Respondent has received a sum of Rs. 100 crore in the year 2017 and again a sum of Rs. 280 crore in the year 2019, but, the Respondent has failed and neglected to clear the applicants retirement dues. Thereafter, in the interest of justice, this Hon'ble Court be pleased to restrain by order of injunction to the Respondent from using the said sum of Rs. 2.52 crore received from the Union of India, the Department of Pharmaceuticals in New Delhi other than the settlement of old retirees for the terminal dues.
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6. The learned counsel for the Respondent no.2 submits that he requires two weeks time to fle Affdavit in Reply with copy to other side. He further makes a statement before this Court that, they will use the said sum of Rs.2.52 crores to accommodate the payment settlement of old retirees for the terminal dues only. In view of these facts, the following order is passed:
a. Respondent no.2 to fle their Affdavit in Reply on or before 24.02.2021 with copy to other side.
b. Rejoinder if any be fled on or before 26.02.2021 with copy to other side.
c. Respondent no.2 is restrained from using sum of Rs.2.52 crores other than to accommodate the payment settlement of old retires for the terminal dues only.
d. Matter to appear on board on 04.03.2021.
(R.I.CHAGLA, J.) (K.K.TATED, J.) Mohite 3/3 ::: Uploaded on - 15/02/2021 ::: Downloaded on - 27/08/2021 10:05:00 :::