1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL APPLICATION NO.582 OF 2008 IN WRIT PETITION NO.4652 OF 1996 Bombay Gas Co. Ltd. ...Petitioner. Vs. Shri G.S. Baj & Ors. ...Respondents. .... Mr. J.P. Cama, Senior Advocate with Mr. Mahesh Londhe i/b. M/s. Sanjay Udeshi for the Petitioner. None for the Respondents. ..... CORAM :DR.D.Y.CHANDRACHUD, J. April 10, 2008. P.C.: Leave to amend granted. Amendment to be carried out within one week. The applicant before the Court in the Civil Application was the original Petitioner in a petition filed under Articles 226 and 227 of the Constitution of India in order to impugn an industrial award dated 9th December 1994 in Reference (IT) No.77 of 1974 and a 2 supplementary award dated 2nd February 1996. Prior thereto, there was an earlier award dated 11th October 1974 popularly known as the Patankar Award. The Patankar award was challenged in Writ Petition 1182 of 1974. In Appeal No.472 of 1984 arising therefrom, the Patankar award was set aside on 27th October 1988 and the Reference was remanded to the Industrial Tribunal for reconsideration. In the meanwhile, the workers covered by the Patankar award had filed an application for execution before the Payment of Wages Authority which resulted in an order dated 5th May 1987. The authority had directed that the Petitioner to pay the amount due under the Patankar award or deposit the same in Court. In the event that the amount was deposited, it was ordered that the amount would be paid over to the workmen only subject to their furnishing security and executing a bond that they would repay the amount after the appeal of the Company was finalised. Pursuant to the order, the Petitioner has stated that it had deposited an amount of Rs.8,57,253.18. 3 The Industrial Tribunal passed a fresh award on 9th December 1994. By an interim order dated 10th April 1997, the Petitioner was directed to deposit the amount due to the workers under the award. An amount of Rs.3,84,455.19 was deposited by the Petitioner. The Petitioner has annexed to the Civil Application at Exh.F, a statement showing the amount due and payable to the workmen who have not yet received their dues, including the amount due under settlements dated 23rd May 1985 and 12th June 1985 and the closure compensation. The Writ Petition came up for final hearing and by a judgment and order dated 11th February 2008, the award was quashed and set aside. Reference (IT) No.77 of 1974 was answered in terms of the settlements dated 23rd May 1985 and 11th June 1985 and hence, it was directed that there would be an award in terms of the said settlement. The Civil Application has been taken out for a refund of: (i) 4 A sum of Rs.3,84,455.19 deposited in this Court with interest; and (ii) A direction to the Payment of Wages Authorities to refund to the Petitioner a sum of Rs.8,57,253.18. Since the award of the Industrial Tribunal in the Reference has been set aside and the reference itself has been answered by this Court in terms of the settlements, there is no reason why the relief that has been prayed should not be granted. At the same time, it would be necessary to direct that an amount of Rs.6,65,739/- which is due and payable according to the computation at Exh.F to the Civil Application shall be retained by the authorities for a stipulated period in order to facilitate disbursal to the workmen. Hence, the Civil Application shall stand disposed of in the following terms: (1) The Petitioner/applicant shall within a period of four weeks from today publish a notice in one Marathi and one English newspaper intimating names of the workers mentioned at Exh.F to the Civil Application and calling upon the workers to come forth for the disbursal of the amount due to them before the Petitioner/applicant. A 5 statement has been made before the Court that the Petitioner shall, immediately upon any workmen approaching them, disburse the amount reflected against each worker in Exh.F to the Civil Application; (2) The Petitioner/applicant would be entitled to refund of an amount of Rs.3,84,455.19 deposited in this Court in pursuance of the interim order dated 10th April 1997 in Civil Application No.3098 of 1996, together with accrued interest, if any; (3) The Payment of Wages Authority shall refund to the Petitioner/applicant the balance out of the amount of Rs.8,57,253.18 together with accrued interest, if any, thereon within a period of six weeks of the date on which a certified copy of this order is received by the authority, after retaining an amount of Rs.6,65,739/-. The amount of Rs.6,65,739/- shall lie in deposit for a period of six months. The aforesaid amount shall be refunded to the Petitioner/applicant after the expiry of a period of six months, subject to due verification that the Petitioner has duly paid amounts due under the claims 6 received. .....