1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.2484 OF 1991 1) Trimbak Yeshwant Popale, 2) Pandurang Dharba Solunke, 3) Rajabhau Gangadhar Dalal, 4) Venkati Rambhau Darade, 5) Rama Apparao Waghmare, 6) Prakash Uttam Solunke, 7) Shaikh Nabi Sardar, 8) Vithal Tukaram Solunke, 9) Sundar Bajirao Pawar, 10) Ranga Haribhau Undalkar, 11) Murli Haribhau Undalkar, 12) Ranga Sambhaji Raut, 13) Sopan Annasaheb Deshmukh, 14) Dnyanoba Pandurang Chopde, 15) Asdulla Nijamkhan, 16) Ramrao Bhausaheb Solunke, 17) Yada Arjun Dongare, 2 18) Vithal Deorao Soge, 19) Balasaheb Dattatraya Giram, 20) Kondiba Bapurao Solunke, 21) Dashrath Tukaram Kolhe, 22) Jagannath Rambhau Markande, 23) S. Riyaz S. Gulab, 24) Kundlik Sonba Pankhade, 25) Hafijmiya Abdul Pathan, 26) Vithal Bapu Shendge, 27) Shridhar Namdeo Markande, 28) Mohan Lakha Tawre, 29) Balasaheb Uttam Solunke, 30) Bapu Madhav Kakde, 31) Vishwanath Jaywanta Kawle, 32) Sheshrao Baburao Bansode, 33) Tukaram Ambadas Nagargoje, 34) Prakash Haribhau Kulkarni, 35) Sahebrao Parvati Pote, 36) Kamlakar Pandurang Solunke, 37) Abhiman Tukaram Bansode, 38) Manik Janardan Paphal, 39) Pandit Tukaram Karkate, 3 40) Shrihari Raosaheb Yede, 41) Hanumant Kisanrao Engole, 42) Baban Ananda Bhawar, 43) Laxman Rambhau Popale, 44) Subhash Vithal Shinde, 45) Kalyan Vithoba Anubhule, 46) Shridhar Ashruba Garud, 47) Tukaram Hari Shinde, 48) Maruti Bapu Popale, 49) Rambhau Lahanu Kolhe, 50) Sitabai Ranu Pingale, 51) Babasaheb Pandurang Gavhane, 52) Bhima Rangnath Phatak, Age: All Major, Occu:Service, R/o-All the Petitioners c/o- Shri Pandurang Vithoba Kale Trade Union Centre, Bashir Ganj, Beed, At Post-Beed, Tq. & Dist-Beed. ...PETITIONERS. VERSUS 1) The State of Maharashtra, Through its Secretary, Irrigation Department, Mantralaya, Bombay-32, 4 2) The Collector, Beed, At Post-Beed. 3) The Executive Engineer, Beed Irrigation Division, Beed, At Post-Beed, Dist-Beed. ...RESPONDENTS. ... Shri. V.P. Golewar Advocate h/f. Shri. Pradeep Shanane Advocate for Petitioners. Shri. V.D. Godbharale, A.G.P. for Respondents. ... CORAM: NARESH H. PATIL AND K.K. TATED, JJ. DATE : 24TH AUGUST, 2010. ORAL JUDGMENT [PER NARESH H. PATIL, J.] : 1. The Petitioners prayed for direction to implement the order of the Labour Court passed on 23rd March, 1989 and for further directions to the Collector, Beed to recover the amount under Section 33(C)(4) of the Industrial Disputes Act, 1947 as per certificate issued by the Assistant Commissioner of Labour at Latur dated 16th 5 November, 1989. 2. The learned A.G.P. appearing for the State has brought to our notice, order passed in Contempt Petition No.47 of 2004 filed by Shri. Trimbak Yeshwanta Popale, for non compliance of the order passed by the Labour Court, Aurangabad dated 23rd March, 1989 in the proceedings of I.D.A. No.21 of 1986. We have perused the order passed by the learned Single Judge of this Court in the proceedings of Contempt Petition No.47 of 2004 dated 14th December, 2005. The order reads as under: "(1) Heard. (2) The Contempt Petition is barred by time. Learned A.G.P. Shri Dharashive stated that, as per the report given by the Department, the respondents have already made payment and, accordingly, produced the papers for perusal of the 6 Court. The papers perused and returned. Therefore, now nothing remains to be decided in this Contempt Petition. (3) The Contempt Petition (No. 47/2004) is disposed of accordingly." 3. The learned A.G.P. submits that the payment under certificate had already been made and therefore the Petition could be disposed of, as now it has become infructuous. The learned A.G.P. assures that the xerox copy of the order passed in Contempt Petition would be placed on record of this Court. 4. The learned counsel appearing for the Petitioners had also perused the order passed in Contempt Petition No.47 of 2004, where the counsel himself had appeared for the Contempt Petitioner. The counsel, therefore, submits that this Petition could be disposed of as infructuous in the light of the order passed in the Contempt Petition. 7 5. The Writ Petition is accordingly disposed of, being infructuous. Rule stands discharged. [K.K. TATED, J.] [NARESH H. PATIL, J.] asb/AUG10/wp2484.91