-1- IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION LETTERS LETTERS LETTERS PATENT PATENT PATENT APPEAL NO.242 of 2005 APPEAL NO.242 of 2005 APPEAL NO.242 of 2005 IN IN IN WRIT WRIT WRIT PETITION PETITION PETITION NO.5446 OF 1996 NO.5446 OF 1996 NO.5446 OF 1996 The General Manager, Sarva Shramik Sangh ...Appellants v/s Chief Executive Officer, Sangli Urban Co-op. Bank and ors. ...Respondents Ms Seema Sarnaik for Appellants. Mr G.M. Keluskar for Respondents. CORAM : D.K. DESHMUKH AND V.M. KANADE JJ. DATE : 21ST JANUARY 2008. -2- P.C. :- 1. By this appeal, the appellants challenge the order dated 30th August 2005 passed by the learned Single Judge of this Court. We have heard the learned counsel appearing for appellants. Perusal of the order shows that according to the judgment of the learned Single Judge, at the time when the appellants made an application under section 33-C of the Industrial Disputes Act, remedy of making application under section 15(2) of the Payment of Wages Act was also available to the appellants. Out of the two remedies available, the appellants selected the remedy under section 33-C of the Industrial Disputes Act and in those proceedings, recovery certificate was granted in favour of the appellants. It is an admitted position that that remedy has not been finally frustrated and once having adopted that remedy, without persuading that remedy, the appellants turned around and made an application under section 15(2) of the Payment of Wages Act. The learned Single Judge in this situation observed that in view of these circumstances, application under section 15(2) of the Payment of Wages Act is not maintainable. We do not find any error or mistake in the order passed by the learned Single Judge. The view taken by the learned -3- Single Judge is fully in consonance with law. Once the remedy is elected, that remedy has to be fully followed and taken to its logical conclusion. By abandoning that remedy half way, some other remedy cannot be permitted to be adopted. We see no substance in the appeal. Appeal is rejected. . Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of the Court. . Certified copy expedited. ( D.K. DESHMUKH J.) ( V.M. KANADE J.)