1 wp-2836.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2836 OF 2010 Mr.Chandrakant Annappa Shirote and others. ... Petitioners. V/s. The Deputy Director, Industrial Safety and Health & others. ... Respondents. Bikram Chaudhari i/b. Abhay Nevgi for the petitioners. Ms.S.V.Gajare, APP for the State. Manoj Patil for respondent No.4. CORAM : A.M.KHANWILKAR AND A.R.JOSHI, JJ. DATED : 23rd February 2011. P.C. : The principal relief claimed in this petition is to issue directions to respondent Nos.1 to 3 to initiate appropriate criminal proceedings under the relevant provisions of the Factories Act, 1948, the Payment of Wages Act, 1936, the Payment of Bonus Act, 1965 and the Payment of Gratuity Act, 1972 against 2 wp-2836.10 respondent No.4 in connection with the outstanding salary and dues of the petitioners, the erstwhile employees of respondent No.4. 2. Learned A.P.P. appearing for respondent Nos.1 to 3, on instruction, states that the appropriate authority has already issued recovery certificate in favour of the petitioners. The same is being taken to its logical end, but for the attachment order passed by the DRT in the proceeding against respondent No.4 at the instance of other creditors. That, however, would not preclude the appropriate authority to proceed against respondent No.4 including approaching DRT to bring on record the fact that the dues payable to the petitioners are preferential payments to be made on the basis of the recovery certificate issued in favour of the petitioners. At the same time, it will be open to the petitioners to approach DRT to bring that position on record. We have not expressed any opinion either way as to whether for the purposes of recovery of amounts payable to the erstwhile workers under the aforesaid enactments they would be competent to move such an application before the DRT. That question will have to be addressed on its own merits. However, the fact that the amount under the recovery certificate remains unpaid would certainly give right to initiate criminal action against the 3 wp-2836.10 responsible persons. The appropriate authority may proceed in the matter, if it is satisfied that the cause of action for instituting criminal proceeding against the concerned person is available. The petition is disposed of with the above observations. (A.R.JOSHI, J.) (A.M.KHANWILKAR, J.)