Full Judgment Text
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
MISCELLANEOUS APPLICATION NO. 1308 OF 2020
IN
CIVIL APPEAL NO. 232 OF 2016
The Maharashtra State Co-operative Bank Ltd. …Appellant(s)
Versus
Babulal Lade & Ors. …Respondent(s)
WITH
MISCELLANEOUS APPLICATION DIARY NO. 1755 OF 2021
IN
CIVIL APPEAL NO. 232 OF 2016
The Maharashtra State Co-operative Bank Ltd. …Appellant(s)
Versus
Babulal Lade & Ors. …Respondent(s)
O R D E R
M.R. SHAH, J.
Delay condoned.
1. By Miscellaneous Application No. 1308 of 2020 in Civil Appeal No.
Signature Not Verified
Digitally signed by
Neetu Sachdeva
Date: 2023.03.24
16:35:13 IST
Reason:
232 of 2016, the original appellant – applicant – The Maharashtra State
Co-operative Bank Ltd. has prayed to transfer the amount of Rs. 3.52
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crores deposited by the appellant – bank with this Hon’ble Court in the
account of Collector, Bhandara alongwith interest. It is further prayed to
direct the Collector, Bhandara to distribute the amount as per the
entitlement of each and every employee of the sugar factory after proper
identification proportionately.
1.1 One another I.A./M.A. is preferred by the bank permitting the bank
to withdraw the excess amount so deposited by the appellant - bank with
accrued interest till date, i.e., Rs. 4,95,94,737/-. In M.A. Diary No. 1755
of 2021, the bank has prayed to direct the employees of the respondent-
sugar factory, whose legal dues are pending, to submit the relevant
documents in support of dues and their claims so as to prove their legal
dues and to furnish such a detail including the necessary details of their
bank accounts for remitting their legal dues and furnishing their
particulars alongwith a tabulation of total dues from the sugar factory till
date in view of the order passed by this Hon’ble Court dated 04.12.2019
passed in Civil Appeal No. 232 of 2016.
2. At the outset, it is required to be noted that by a detailed judgment
and order dated 04.12.2019 in Civil Appeal No. 232 of 2016, this Court
has upheld the right of the employees of the sugar factory to receive the
amount from the appellant - bank and has held that the
applicant/appellant bank must pay the employees’ dues out of the sale
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proceeds from the auctioned property. However, it is required to be
noted that so far as the liability of the appellant - bank would be to pay
only the employees dues of salary/wages and so far as all other
statutory dues in relation to employees namely provident fund, gratuity,
bonus etc. are concerned, the liability has been fastened upon the
subsequent purchaser. It appears that during the pendency of the
aforesaid appeal and while passing the interim order, this Court directed
the applicant/appellant bank to deposit 25% of the total amount of wages
and pursuant to the same, the applicant/appellant bank deposited the
amount of Rs. 3.52 crores with this Court and the same has been
invested in the fixed deposit. It is reported that alongwith interest, the
amount comes to Rs. 4,95,94,737/-. It has come on record that earlier
pursuant to the order passed by the Industrial Court, Bhandara, the
appellant bank had deposited a sum of Rs. 13,89,84,334/- by demand
draft dated 11.02.2021 in favour of “Member, Industrial Court,
Bhandara”.
3. Thus, the amount due and payable towards the wages/salaries of
the concerned employees of the sugar factory in liquidation shall have to
be paid to them and/or to their legal heirs (in case the original employee
has died) out of the aforesaid amount (Rs. 13,89,84,334/- + Rs.
4,95,94,737/-), which shall have to be paid on the due verification and
identity as per the certificate issued by the Collector, as on 23.08.2011,
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whereas a total sum of Rs. 13,89,84,334/- is due and payable to the
employees, which amount includes the amount due and payable towards
the statutory dues namely the provident fund, gratuity, bonus etc.
However, at the same time, it is required to be seen that the amount
goes to the right person, who is entitled to receive the amount due and
payable to him and for that purpose there shall be full particulars
including the bank account particulars of the concerned employees.
4. Having heard learned counsel appearing on behalf of the
respective parties and taking into consideration the earlier order passed
by this Court in Civil Appeal No. 232/2016, the present applications are
disposed of with the following directions: -
(i) The amount of Rs. 3.52 crores deposited by the appellant –
bank, deposited with this Court pursuant to the earlier order
passed by this Court with the interest accrued thereon be
transferred in the account of the Collector, Bhandara so as to
enable the Collector, Bhandara to distribute the same to the
concerned employees/legal heirs of the employes of the sugar
factory in liquidation;
(ii) The amount of Rs. 13,89,84,3374/- lying with the Industrial
Court, Bhandara along with the interest accrued thereon also be
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transferred to the Collector, Bhandara in the account of Collector,
Bhandara;
(iii) The Collector, Bhandara is hereby directed to pay/disburse
respective employees’ dues of salaries/wages to the concerned
employees/legal heirs of the employes of the sugar factory in
liquidation on proper identification and verification of the claims
and to be deposited/paid directly in the bank account of the
concerned employees/legal heirs of the employes of the sugar
factory in liquidation along with the interest @ 7.5% on their
respective dues.
(iv) The aforesaid amount to be disbursed to the concerned
employees/legal heirs of the employes of the sugar factory in
st
liquidation at the earliest but not later than 31 December, 2023,
as observed hereinabove with the utmost transparent manner and
proper identification and verification of the claims of the respective
employees/legal heirs of the employes of the sugar factory in
liquidation.
(v) The balance amount, if any, remaining after making the
payment as above to the concerned employees/legal heirs of the
employees of the sugar factory in liquidation as above, be dealt
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with in accordance with law and the balance amount be paid to the
appellant – bank towards dues of the bank.
With this, present applications stand disposed of.
………………………………….J.
[M.R. SHAH]
NEW DELHI; ………………………………….J.
MARCH 24, 2023. [KRISHNA MURARI]
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