1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.444 OF 2009 IN WRIT PETITION NO.6988 OF 2006 ... Mumbai Textile Mazdoor Sabha ...Applicant v/s. M/s.Seth Industries Ltd. (Prop.Simplex Woollen Mills) and ors. ...Respondents ... Mr.S.K.Talsania, Sr.Advocate with Mr.Cyrus Adreshir for the Petitioner. Mr.Atul Rajadhakshya , Sr.Advocate for Respondents Nos.1 to 3. Mr.C.R.Sonawane, AGP for State. ... CORAM: D.K.DESHMUKH, & K.K.TATED, JJ DATED:3 rd December, 2009 2 P.C.: In our opinion, after considering the facts and circumstances of the case, following order would meet the ends of justice. O R D E R 1. As it is an admitted position that the amounts are lying in deposit with the Labour Commissioner, Thane for being paid to the workers as per the order dated 21 st December, 2006 made by the Division Bench of this Court in Civil Application No.2970 of 2006 in this petition. The claim of the present Applicants is that they have made payment to many workers and therefore, now they should be refunded the amount which they have paid to the workers. In our opinion, it will be appropriate to direct the Applicants to approach the Labour Commissioner and satisfy 3 him on the basis of the evidence that the workers who were entitled to the payment under the aforesaid order have actually been paid by the Applicants. The Commissioner on being satisfied that the payment has been made by the Applicants to the workers, shall refund that amount to the Applicants. Civil Application disposed of. (D.K.DESHMUKH, J.) (K.K.TATED, J.)