1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO.54 OF 1995 IN WRIT PETITION NO.825 OF 1990 Bombay Forgings Pvt. Ltd. .. Appellants. Vs. Association of Engineering Workers & Anr. .. Respondents Mr.T.K.Prabhakaran i/b S.R.Pandey for the appellants. Mr.N.M.Ganguli for the respondents. CORAM : J. N. Patel, Acting C.J. & S.C.Dharmadhikari, J. DATE : June 16, 2010 P.C. : 1. Heard. 2. The only point raised in this letters patent appeal by the employer is in respect of allocation of the dues which have been made towards wages payable to the workmen on the basis of the settlement/agreement furnished by the respondent-complainant. It is contended that the appellant-company do not want to contest the same and has settled most of the workmen’s dues belonging to the respondent as per the agreement and, therefore, they are entitled to deduct the same by way of appropriate set off. The fact that some S 2 workmen have received their dues is not disputed under the circumstances the appellant will be entitled to set off. 3. Learned counsel appearing for the respondent herein submitted that the impugned order takes care of disbursement of the wages and that the Industrial Court would definitely disburse the wages in accordance with the directions given by the learned Single Judge. 4. We produce the operative part of the order passed by the learned Single Judge which reads as under: “.... .... .... 11. In the present case, the company has given three bank guarantees. One bank guarantee amounting to Rs.3.15 lakhs is given by the company in A.S. Writ Petition No.825 of 1999 to the Registrar, High Court, Bombay and the other two Bank guarantees amounting to Rs.5.10 lakhs is given by the company in O.S. Appeal No.561 of 1989 in Writ Petition No.1162 of 1989 in favour of the Prothonotary and Senior Master, High Court, Bombay. The total amount of the three bank guarantee amounts to Rs.8.25 lakhs. Since the union has succeeded in the matter, they are entitled to encash the said three bank guarantees. Accordingly, the Registrar as well as the Prothonotary & Senior Master, High Court, Bombay are directed to have the respective Bank guarantees encashed and they are further directed to remit the amounts under the respective bank guarantees to the Industrial Court, Bombay in Complaint (ULP) No. 1042 of 1987. The Industrial Court will thereafter disburse the amount as per the impugned order. The complainant union will file stamp receipts duly signed by the workmen acknowledging payment of their legal dues in the Industrial Court. The Industrial Court will work out the proportion of the amount to be paid to each workers to 3 the arrears payable to each of the worker under the impugned order and distribute the same.” 5. In our considered opinion the appellant-company can very well bring to the notice of the Industrial Court, the settlement of claims by the appellant-company, in respect of the workmen, who have accepted the payment and the Industrial Court while disbursing the amount would take into account the fact that the workmen having settled their dues need not be paid in terms of the impugned order as their claim stand satisfied and give appropriate set off. With the aforesaid arrangement, grievance of the appellant does not survive on merits. The impugned order does not call for any interference, therefore, the appeal stand dismissed. 6. The Industrial Court is directed to disburse the amount in terms of the order within a period of three months. 7. The parties to communicate this order to the Industrial Court. ACTING CHIEF JUSTICE S.C. DHARMADHIKARI, J