S T WORKERS COOPERATIVE CREDITSOCIETY LTD, SURAT Vs. GUJARAT STATE ROAD TRANSPORT CORPORATION THRO G R ATORIYA

JUDGEMENT

(1.) IN light of the view that the Court is inclined to take the matter is taken up for final hearing and disposal. RULE. The learned advocate for the respondents is directed to waive service.

(2.) THE petitioner, a Co -operative Society, has as its members employees of the respondent -Gujarat State Road Transport Corporation (GSRTC). The principal activity of the petitioner -Co -operative Society is to grant advances to its members. The mode of recovery is collection of advanced amount in installments (as per contract between the Society and the Member concerned) by way of deduction from the salary paid to the member employee by GSRTC. The present dispute between the parties arose in light of the default committed by GSRTC in making payment of the amounts already deducted from the salaries of various employee members of the petitioner -Society and retaining the funds so collected instead of handing over to the petitioner -Society. It is an admitted position between the parties that GSRTC has retained funds belonging to the petitioner -Society. The explanation of GSRTC for retention of such money being financial exigences faced by GSRTC.

(3.) IN the past, there was litigation on this count between the parties and vide order dated 24.10.2005 made in Special Civil Application No.18875 of 2005 (Annexure -D) and order dated 29.06.2006 in Special Civil Application No.21180 of 2005 (Annexure -E), this Court has repeatedly directed GSRTC to pay off the entire principal amount with interest at the rate of 11% and 10% respectively in the aforesaid two orders. However, GSRTC has admittedly failed to comply with the said orders made by this Court and the principal sum has grown beyond figure recorded by this Court in the earlier orders.