1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 240 OF 2007 Vishnudas S/o Shrinivas Kharolkar, Age : 53 Years, Occu. : Nil., R/o Brahman Galli, Vasamat, Tq. Vasmat, Dist. Hingoli. .. .. Petitioner Versus 1. The State of Maharashtra. 2. The Principal Secretary, Department of Co-operation and Textile Department, Mantralaya, Mumbai. 3. The Liquidator, Appointed on Power Loom Industrial Co-operative Societies, Vasmat, C/o Office of the Assistant Registrar, Co-operative Societies, Vasmat, District Hingoli. 4. The Collector and District Magistrate, Hingoli. 5. The Municipal Council, Vasmat Dist. Hingoli, Through its Chief Officer. .. .. Respondents Shri S. T. Shelke, Advocate for the Petitioner. Shri K. G. Patil, A.G.P. for the Respondent No. 1 to 4. The respondent No. 5 is deleted vide order dated. 28.02.2007. 2 CORAM : B. R. GAVAI, AND N. D. DESHPANDE, JJ. DATE : 23RD SEPTEMBER, 2009. ORAL ORDER [Per B. R. Gavai, J. ] : 1. We were constrained to summon the presence of the Secretary (Textile) Co-operation, Marketing and Textiles Department, as we had noticed on 09th September, 2009 that our order dated 18th August, 2009 was not complied by the said officer. 2. The petition basically seeks writ against the respondents to complete the liquidation proceedings including payment of the workers towards unpaid salary. 3. The issue of entitlement of petitioner is not in dispute. 4. The notice was issued in the present matter on 17th January, 2007 and the matter stood adjourned from one date to another date. When the matter came up before this Court on 12the June, 2009, the time was sought by the learned Assistant Government Pleader on the instructions of the liquidator who was present in the Court, so as to inform the Court about further course of action, as proposed to be taken by the State in the matter. On the adjourned date i. e. from 07th July, 2009, the Court was informed that, the issue regarding reduction of sale price of structures which were built up by encroachment on the subject land would be put up and discussed by 3 the competent Committee. This Court, therefore vide order dated 07th July, 2009 directed the Principal Secretary, Ministry of Co- operation, to look into the matter and to take appropriate steps for taking early decision by the Government of Maharashtra, regarding fixation of sale price of the structures erected on the subject land. Thereafter, again matter has been adjourned from time to time. When the matter was listed on 18th August, 2009, we noticed that, though the matter was adjourned on various dates and though this Court had specifically directed Principal Secretary, Department of Co- operation to look into the matter and to see that steps are taken for early decision, the decision was not yet taken in the matter. This Court, therefore, directed the State Government to take decision as directed by this Court vide order dated 07th July, 2009 within a period of three weeks from the date of said order i. e. till 18th August, 2009. It was made clear that, if the decision was not taken within stipulated period, the Principal Secretary, Department of Co- operation shall personally remain present in this Court. The matter was accordingly adjourned on 09th September, 2009. 5. On 09th September, 2009, we noticed that, neither State Government had taken the decision in the matter, nor the Principal Secretary, Co-operation (Textile) remained present in the Court. Since our earlier order was clear that, the State Government was to take decision in the matter or on failure to do so, the Principal Secretary was to remain personally present in the Court, we had issued summons to Dr. Vijay Satbir Singh, presently holding the office of the Secretary, Co-operation (Textile) to remain present in 4 the Court and show cause as to an action for non compliance of the order passed by this Court dated 18th August, 2009, should not be taken against him. 6. In response to summons issued by this Court Dr. Vijay Satbir Singh, presently working as Secretary (Textile), Co-operation, Marketing and Textile Department, Government of Maharashtra is present in the Court and has also filed an affidavit. In the said affidavit he has stated that, order dated 18th August, 2009 was not brought to his notice till 10th of September, 2009. On being inquired, learned A.G.P. informs that, Office of the Government Pleader had sent the copy of the order by fax on 20th August, 2009, however, he submits that, there are two Secretaries in the Department of Co-operation. The communication might have been misplaced in the office of the other Secretary. When the order is very clear, we do not understand, as to why, the order dated 18th August, 2009 was not placed before the concerned officer i. e. deponent. It is expected that, when the authorities of the State are dealing with orders of the Court, they should be diligent in attending to the matters. While accepting the explanation of the deponent that, his act was not intentional, since the order dated 18th August, 2009 was not brought to his notice, we expect from him to find out as to why the said order though communicated to the State of Maharashtra was not brought to his notice and to take appropriate action against the persons who would be found responsible for the same. 7. We were constrained to summon the presence of deponent, 5 since we have noticed that, inspite of various orders passed by this Court, the attitude of the State Government was lethargic, and the State Government was not taking steps for early decision. As a last resort we were required to pass order dated 09th September, 2009, with a hope that, if a ultimatum is issued some decision would be taken. As we have repeatedly observed that, the Court is aware of the important duties that the senior officers of the State Government are required to attend to and only in compelling circumstances, the Court passes the orders of such nature. Since, we noticed that, the State Government instead of judicial orders, was not moving in the matter concerning the wages to be paid to the workers, we were required to take such drastic step. We accept the apology tendered by the deponent and discharge the summons issued to Dr. Vijay Satbir Singh, presently working as Secretary (Textile), Co-operation, Marketing and Textile Department, Government of Maharashtra. 8. As already observed hereinabove, the petition basically pertains to payment of wages and entitlement of the workers is not in dispute. It is also not in dispute that part of wages are already paid to the workers. It has been stated in the affidavit that, the Court should allow the State Government to appoint the concerned District Collector as liquidator, so as to find out solution in the matter. We may state that, it is for the State Government to decide who shall be liquidator of the concerned society. As already stated hereinabove, the present petition only pertains to payment of amount to which the workers are entitled. Shri Patil learned Assistant Government Pleader on the instructions of Dr. Vijay Satbir 6 Singh, who is presently working as Secretary Textile Department, Government of Maharashtra makes solemn statement that, all the dues will be paid to the workers within a period of six month from today. We accept the said statement as undertaking before this Court. In that view of the matter, we find that nothing survives in the petition. The petition is therefore, disposed of. [ N. D. DESHPANDE, J.] [ B. R. GAVAI, J.] bsb/Sept. 09