AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.740 OF 2009 Sevak Khusha Patil ... Petitioner Vs. M/s. B.D. Industries Ltd. & Ors. ... Respondents Mr. I.S. Thakur with S.S. Sayyed and Ms. Shraddha Mohite for the petitioner. Mr. R.P. Lote for respondent 2. Ms. M.P. Thakur, AGP for respondent 3. Ms. Nanavaty i/b Mannadiar & Co. for respondent 4. Mr. G.G. Ketkar, First Assistant to the Court Receiver, present. CORAM : SMT. RANJANA DESAI & A.A. SAYED, JJ. DATED : 7TH OCTOBER, 2009. P.C.:- 1. The petitioner was working with the 1st respondent company. Admittedly the Fourth Labour Court at Thane has passed award on 25.04.1994 whereby the petitioner’s AJN 2 prayer for reinstatement was rejected and the 1st respondent company was directed to pay back wages to the petitioner from the date of termination i.e. 27/10/1983 till closure i.e. 26/8/1991. The said award has assumed finality. In this petition filed under Article 226 of the Constitution of India the petitioner’s grievance is that the petitioner has not been paid his dues in accordance with the award. The petitioner has prayed that his dues be paid to him along with interest at 18% per annum from the date it became due and payable till realization. 2. It appears that the 4th respondent ICICI Bank has filed a suit against the first respondent company being Suit No. 1098/1999. In that suit Court Receiver has been appointed. Admittedly the Court Receiver has sold the property of the 1st respondent company. Therefore on 23-09-2009 we directed the petitioner to lodge his claim with the Court Receiver. First Assistant to the Court Receiver was present in the Court. We directed the Court Receiver to take action on the said claim in accordance with law and submit AJN 3 a report to this Court and accordingly report has been submitted by the Court Receiver to us. First Assistant to the Court Receiver informs us that about 15 Crores are lying in the suit account. 3. We have perused the Court Receiver's report. It appears that in case of 264 workers a settlement was arrived at and it was agreed that each of them will be paid 3-1/2 months salary for every completed year of service. Mr. Thakur learned Counsel for the petitioner submitted that the petitioner is agreeable to this. Learned Counsel for the 1st respondent company submitted that he has no objection if the said payment is made. Learned Counsel for the ICICI bank submitted that the dues of the ICICI bank should be protected and subject to that she will submit to the orders of the Court. 4. We cannot direct that the petitioner be paid money in terms of the settlement to which he was not a party. Besides, the bank's dues have also to be paid. We find from AJN 4 the award that the Second Labour Court has not granted any interest to the petitioner. In the circumstances, we cannot award interest to the petitioner. However, we deem it appropriate to direct the Court Receiver to give an additional sum of Rs.5,000/- to the petitioner towards costs, apart from the amount to which he is entitled to under the award. 5. We are informed by Mr. Thakur that the petitioner is entitled to some other legal dues. In this respect, we do not want to express any opinion. It will be open to the petitioner to file appropriate proceedings if he so desires for the said dues. Needless to say that if such proceedings are adopted, the Authority seized of the matter will decide the petitioner's claim in accordance with law. 6. Hence, we issue direction to the Court Receiver to pay to the petitioner an amount of Rs.55,183/- which the petitioner is entitled to as per the Award dated 25/4/1994 and a sum of Rs.5,000/- towards costs. Money be paid at AJN 5 the earliest i.e. within a period of two weeks from today. Payment will be subject to compliance of all conditions by the petitioner. 7. Petition is disposed of in the aforestated terms. [SMT. RANJANA DESAI, J.] [A.A. SAYED, J.]