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SCA/12578/2009 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 12578 of
2009
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MAKWANA
VITHALBHAI - Petitioner(s)
Versus
OFFICIAL
LIQUIDATOR OF THE VISNAGAR CO OP SPINNING MILLS LTD & 3 -
Respondent(s)
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Appearance
:
MR
AD DESAI for Petitioner(s) : 1,LOPA M BHATT for Petitioner(s) :
1,
NOTICE SERVED BY DS for Respondent(s) : 1 - 4.
MR PRANAV
TRIVEDI AGP for Respondent(s) : 2 -
3.
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CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 10/08/2010
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
1. The
writ petition, giving colour of Public Interest Litigation is
preferred by one workman for direction on 1st
respondent to furnish information in respect of calculation of
Rs.7,81,28,539/- payable to workmen of the Visnagar Cooperative
Spinning Mills Limited (hereinafter referred to as `the Company’) and
to direct the 1st
respondent to disburse the rest of the amount of Rs.1,96,11,438/- out
of the total amount of Rs.7,81,28,539/- to the workmen of the said
Company. It is alleged that pursuant to the Court’s order only a sum
of Rs.5,85,17,061/- has been released to the workmen, but the rest of
the amount aforesaid has not been disbursed to the workmen. The
respondents in their affidavit have denied the aforesaid fact and
have taken the plea that only a sum of Rs.89,75,512/- is at the
credit of the Official Liquidator, out of which an amount of Rs.92.75
lakhs is required to be paid towards liquidation fees. The same is
calculated as per Circular dated 09.11.2001 issued by the Registrar
and is payable under Sec.110(K) of the Gujarat Cooperative Societies
Act. The Official Liquidator has calculated the liquidation fees @
7% of the amount recovered from sale of the properties of the Company
by letter dated 20.12.2007 and the Official Liquidator has intimated
the Commissioner, Cottage and Rural Industries, who is Registrar for
the Company. The said letter was replied by the Commissioner on
19.10.2007 whereby the Official Liquidator was directed to first make
provision for liquidation fee and then only to pay the rest of the
dues.
2. It
appears that the Company, was formerly placed under the control of
the 2nd
respondent, having closed down on 07.11.1997, but as it continued
with great loss, it was placed under liquidation. The 4th
respondent, President, Mazdoor Mahajan Sangh preferred the writ
petition in Special Civil Application No.1178 of 1998 before this
Court against the illegal closure, wherein, having noticed the
Constitution of a Committee, this Court directed the Committee to
disburse the amount amongst the employees and creditors in accordance
with law. The said order was passed on 20.09.1999. Thereafter, the
Government of Gujarat issued Resolution dated 30.10.1999 constituted
a Committee to carry on the working of the Company till necessary to
wind up the mill at economically fair rates and to advise in respect
to selling or transferring or selling the movable and immovable
assets of the mill to person or established mill as a whole or as a
part or to different persons. The Commissioner, Cottage and Village
Industries, Gujarat State, Gandhinagar was the Chairman of the
Committee.
3. It
appears that more than Rs.5.00 crores were disbursed to the workmen.
In another writ petition Special Civil Application No.9776 of 2001
preferred by the 4th
respondent, Mazdoor Mahajan Sangh, learned Single Judge by order
dated 07.10.2001 having noticed the fact that the verification of the
workmen, etc. is likely to be completed shortly made certain
observations. The Union was given liberty to challenge the decision
of the State Government, if necessary, by filing a writ petition.
Subsequently, orders were issued by the State Government from time to
time, one on 07.01.2002 and another on 04.04.2002. Petition for
extension of time was also filed by the respondent. Learned Single
Judge in Miscellaneous Civil Application No.614 of 2002 clarified
that in no case any further extension will be granted, and the
payment of more than Rs.6 crores should be made towards settling
payment of the workers as the total claim was more than Rs.7.81
crores.
4. One
Senma Kalubhai Mohanbhai also filed Special Civil Application No.8153
of 2004, but no decision was taken on the said case and the said
petitioner by order dated 12.07.2004 was asked to move before the
Official Liquidator, which followed by writ petition preferred by
another workman, Hamaji Jenaji Thakore in Special Civil Application
No.687 2005, but this Court having noticed the aforesaid facts, by
order dated 12.09.2005 refused to grant relief.
5. Another
Public Interest Litigation was preferred by Thakore Ramaji Juhaji in
Special Civil Application No.4898 of 2008 wherein similar prayer was
made to direct the 1st
respondent to disburse the rest of the amount of Rs.1,96,11,438/- out
of Rs.7,81,28,539/- to the workers of the Company, but this Court by
order dated 20.03.2009 refused to grant any relief as was sought for,
and observed that the Court cannot unsettle the priority list.
6. In
the aforesaid manner, one or the other writ petition was preferred
either by the workman or the Union or in the name of Public Interest
Litigation, and now this 5th
writ petition has been preferred. The respondents have shown grounds
for not disbursing any further amount in favour of one or other
workman, as the total amount has been spent. In the facts and
circumstances, no relief can be granted in this case. The writ
petition is dismissed. No costs.
(S.J.
MUKHOPADHAYA, C.J.)
(K.M.
THAKER, J.)
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