1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2409 OF 2005 Jamshed T. Khambatta Petitioner vs. The Swadeshi Mills Company Ltd. & ors. Respondents ALONG WITH WRIT PETITION NO. 1814 OF 2005 Vispi Erach Surty Petitioner vs. The Swadeshi Mills Company Ltd. & ors. Respondents WITH WRIT PETITION NO. 1243 of 2005 R. S. Shanbhag Petitioner vs. The Swadeshi Mills Company Ltd. & ors. Respondents WITH WRIT PETITION NO. 1528 OF 2005 Alka Bhagvat Petitioner vs. The Swadeshi Mills Company Ltd. & ors. Respondents 2 WITH WRIT PETITION NO. 1675 OF 2005 M.K. Prabhu Petitioner vs. The Swadeshi Mill Company Ltd. & ors. Respondents WITH WRIT PETITION NO.1701 OF 2005 Madasseri S. Nair Petitioner vs. The Swadeshi Mill Company Ltd. & ors. Respondents WITH WRIT PETITION NO. 1845 OF 2005 Harishchandra R. Bagve Petitioner vs. The Swadeshi Mill Company Ltd. & ors. Respondents WITH WRIT PETITION NO.1846 OF 2005 Yazdi R. Khambatta Petitioner vs. The Swadeshi Mills Company Ltd. & ors. Respondents WITH WRIT PETITION NO. 1863 OF 2005 3 Rohinton A. Chhoga Petitioner vs. The Swadeshi Mills Company Ltd. & ors. Respondents WITH WRIT PETITION NO.1864 OF 2005 Jhangoo Dosabhai Elavia Petitioner vs. Swadeshi Mills Company Ltd. & ors. Respondents WITH WRIT PETITION NO.1901 OF 2005 Malcolm Andrade Petitioner vs. The Swadeshi Mills Company Ltd. & ors. Respondents WITH WRIT PETITION NO.1916 OF 2005 Manohar Gangaram Mohite Petitioner vs. Swadeshi Mills Company Ltd. & ors. Respondents AND WITH WRIT PETITION NO.2418 OF 2005 Raghoji N. Darpe Petitioner vs. The Swadeshi Mills Company Ltd. & ors. Respondents 4 Mr. P. M. Patel for the petitioner. Mr.V. Y. Sanglikar for the respondent no.3. Ms.K. V. Gautam, Dy. Official Liquidator present. CORAM: DALVEER BHANDARI, C.J. & S. J. VAZIFDAR, J. DATE : 11TH OCTOBER 2005. P.C.: 1. We have heard the learned counsel for the parties. They submit that this Petition is covered by a decision of this Court in Writ Petition No.482/2004-Veera Dubash v. The Swadeshi Mills Company Ltd. delivered by a Division Bench of this Court on 7-4- 2004. We have examined the matter. In our opinion, the prayer is reasonable and, accordingly, we pass the same order in these Petitions. 2. Rule. 3. Rule made returnable forthwith. The learned counsel appearing for the respondents waive service. By consent petitions are taken up for hearing. 5 4. These petitions are filed by the former employees of the Swadeshi Mills Ltd. Swadeshi Mills has gone into liquidation and Provisional Liquidator has already been appointed. By these petitions the petitioners have raised grievance about their claim for pension, provident fund and gratuity. Our attention is drawn to the orders passed by the Division Bench in similar cases i.e. Writ Petition Nos. 515 of 2002 decided on 22.4.2002 and 1351 of 2003 decided on 18.11.2003. Ms.K.V. Gautam, Dy. Official Liquidator who is present before this Court stated that he will verify the claims of the petitioners for pension, provident fund and gratuity and take appropriate steps for releasing the same in favour of the petitioners. 5. The Provisional Liquidator shall verify the claims of the petitioners for provident fund and gratuity and write to the concerned banks for releasing the amount of provident fund and gratuity directly in favour of each of the petitioner. Upon receipt of such instructions from the Provisional Liquidator the concerned banks shall forthwith release the amount to the petitioners as directed. 6. The Provisional Liquidator shall furnish all details to the petitioners as per the master policy bearing no.GA/12518 i.e. (i) Purchase 6 Price/Subscription as per the rules, (ii) to furnish all the details in the Form of 62010-A, with all the details mentioned therein and (iii) specimen signature with bank details of the petitioners. The petitioners shall exercise their option relating to annuities within two weeks from the date of receipt of information from the Provisional Liquidator. The Liquidator shall then inform the Life Insurance Corporation about the option exercised by each of the petitioner for purchasing the annuity and remit the amount in respect of each of the petitioner to the Life Insurance Corporation. 7. The aforementioned petitions are disposed of in terms of aforementioned matter. No order as to costs. CHIEF JUSTICE S.J. VAZIFDAR,J.