RASHTRIYA GIRNI KAMGAR SANGH Vs. OFFICIAL LIQUIDATOR

JUDGEMENT

(1.) BY this common order we dispose of both the appeals. The appellant in Civil Appeal No. 5988/2004 was also a party before the proceedings dealt with by the High Court which is covered by the order impugned in these appeals. Having heard learned Counsel for the appellant in CA 5987/2004 and the order which we propose to pass in that appeal by which the interest of the workmen alone subsists which is the subject matter of consideration before us which is to be taken care of while examining the correctness of the judgment impugned, We do not find any merit to consider the claim of the appellant in Civil Appeal No. 5988/2004 who was a formal party before the High Court and the impugned order does not in any way affect its interest. The Civil Appeal No. 5988/2004 shall therefore stand dismissed.

(2.) AS far as the appellant in Civil Appeal No. 5987/2004 is concerned, to trace the brief facts, the grievance of the appellant in substance is only with reference to the settlement of their dues as the erstwhile workmen of M/s. Khandesh Spinning & Weaving Mills Co. Ltd. which is represented by the Official Liquidator - the first respondent herein. In fact, whatever liability due to the workmen in monetary value was determined based on the claim made by the appellant Union (in C.A. No. 5987/2004) before the appropriate authority and the amount so determined has also been deposited with the Assistant Commissioner of Labour, Jalgaon, Maharashtra. In fact, along with the affidavit filed by the Assistant Commissioner of Labour dated 6.9.2011 in this Court in Annexure 'A1 ' dated 8.3.2011, it is stated that the Official Liquidator has forwarded a cheque for Rs.2,48,85,618/- in his favour for settlement of the claims of the workmen towards their salary and other dues. He has also furnished a break up figures with regard to the payment already made and certain cheques issued to some of the workmen, which were returned back and the amount which is now kept in the bank deposit for settlement of any future claims of those workmen whose claim have already been ascertained and determined.

(3.) HAVING heard learned Counsel for the respective parties and having perused the order impugned and the narrow compass within which the whole controversy now remains, we are convinced that ends of justice can be achieved by directing the 12th respondent to pay interest @ 9% per annum for the period (viz.) from the date the amount fell due and payable to the workmen and the date when the amount was deposited with the Official Liquidator. We also make it clear that apart from the sum of Rs.2,48,85,618/- deposited by the Official Liquidator with the Assistant Commissioner of Labour, for the period during which the said amount was with the Official Liquidator, if any interest had accrued thereon and was payable as per the proceedings of the Official Liquidator, the same shall also be deposited with the Assistant Commissioner of Labour. We further direct that based on the calculation of the Assistant Commissioner of Labour, if any shortage as regards the dues payable to the workmen is reported, the same shall be deposited by the 12th respondent which will also carry interest at the rate of 9% per annum which interest should be paid from the date the amount fell due to the workmen till the deposit is to be made by the 12th respondent. The 12th Respondent shall deposit the interest as directed by us within 12 weeks from today.