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SCA/15599/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 15599 of 2008
With
SPECIAL
CIVILAPPLICATION NO. 134 of 2006
With
SPECIAL
CIVIL APPLICATION No. 9298 of 2009
To
SPECIAL
CIVIL APPLICATION NO. 9381 of 2009
With
SPECIAL
CIVIL APPLICATION No. 9045 of 2009
With
SPECIAL
CIVIL APPLICATION No. 1620 of 2010
With
SPECIAL
CIVIL APPLICATION No. 1619 of 2010
With
SPECIAL
CIVIL APPLICATION No. 3916 of 2008
With
SPECIAL
CIVIL APPLICATION NO. 4812 of 2010
With
SPECIAL
CIVIL APPLICATION No. 4667 of 2008
To
SPECIAL
CIVIL APPLICATION no. 4700 of 2008
=================================================
BARODA RAYON EMPLOYEES EKTA UNION THROUGH -
Petitioner
Versus
BARODA
RAYON CORPORATION LTD & 8 - Respondents
=================================================
Appearance :
MR
DIPAK R DAVE for Petitioner:
M/S TRIVEDI & GUPTA for
Respondent : 1,
GOVERNMENT PLEADER for Respondents : 2 - 3.
NOTICE
SERVED BY DS for Respondents : 2 - 8.
MR NIRAL R MEHTA for
Respondents : 4,
APPEARANCE WITHDRAWN for Respondent : 6,
MR
ANIP A GANDHI for Respondent :
9,
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 12/10/2011
COMMON
ORAL ORDER
Learned
counsel for the Company Shri Joshi with Shri Naik, as well as
learned advocates for the workmen parties to these petitions have
requested for taking up the matters and passing appropriate order
for disbursement. Learned counsel Shri Joshi with Shri Naik for
the company states that, apropos the statement made on 20/9/2011,
based upon the affidavit of the company, an amount of
Rs.8,78,00,000/- was to be deposited towards payment of dues of
those employees and towards those employees who have died or who
have reached the age of superannuation. The company is, therefore,
depositing Rs.8,78,00,000/- by 18/10/2011 before the concerned
Industrial Tribunal, Surat. The advocates for the workmen have
submitted that this depositing of money may be without prejudice to
the rights & contentions of the workmen being agitated in the
petitions, and in addition the amount to be paid to the heirs of
the employees who have died or retired, it may be ordered to be
distributed amongst all the workmen who are waiting since long as
part payment towards their claims which may be adjusted against
their final claim.
In
view of this, let the company deposit an amount of Rs.8,78,00,000/-
(Rs. Eight crores and seventy eight lakhs only) on or before
18/10/2011 before the Industrial Court, Surat. The said amount be
distributed in equal proportion to all the concerned workmen, list
whereof be prepared by the workmen in consultation with their
advocates and advocates of the company. On presentation of this list
by 19/10/2011 or by 20/10/2011 whichever is early, the Tribunal
shall disburse the amount in equal proportion to the persons
figuring in the list by proper identification of person and by way
of account payee cheque or by bank draft.
The
said disbursement would naturally be without prejudice to the rights
& contentions of both the sides in any manner. The Industrial
Tribunal, Surat, shall monitor disbursement of the amount as stated
herein above.
Matters
to come up on 21/10/2011.
[
S.R. BRAHMBHATT, J ]
/vgn
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