DILIP T KHANDAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE learned A. G. P. waives service for the first and second respondent. Ms. Meena Doshi, Advocate waives service for the third, fifth and sixth respondent. Shri. Y. R. Mishra waives service for fourth Respondent. Considering the facts and circumstances of the case, these Petitions are taken up for hearing forthwith.

(2.) THESE Petitions can be disposed of by a common judgment. These Petitions have been filed by the ex-employees of kohmoor Mills Company Ltd. The Petitioners in these Petitions filed separate complaints under the Maharashtra Recognition of Trade unions And Prevention of Unfair Labour practices Act, 1971 (hereinafter referred to as the said Act of 1971) for recovery of salary and other reliefs. The complaints were allowed by the Industrial Court on different dates. Separate Recovery Certificates were issued by the Industrial Court in different amounts on the basis of the final orders passed in the complaints. The details of the recovery certificates are as under: <FRM>JUDGEMENT_309_ALLMR2_2006Html1.htm</FRM>

(3.) THE grievance in these Petitions is that though the second Respondent-Collector was under an obligation to execute and enforce the recovery certificates and recover the amount payable to the Petitioners, no steps have been taken by the second Respondent. The third and fifth Respondent are the wholly owned subsidiaries of the National Textiles corporation Ltd. which is a Government of india Undertaking. By the Textile undertakings (Taking Over of Management)Act. 1983 (hereinafter referred to as the said act of 1983) the fourth Respondent-Union of india took over management of thirteen Cotton textile Undertakings mentioned in the first schedule to the said Act of 1983. The management of the Textile Undertakings of the kohinoor Mills Company Ltd. was also taken over by the fourth Respondent-Union of India and was vested in the third Respondent as the custodian for day to day management. In the year 1995, the Textile Undertakings (Nationalisation) Act, 1995 (hereinafter referred to as the said Act of 1995) was enacted. By the said enactment, thirteen Cotton textile Undertakings mentioned in the first schedule of the said Act of 1983 were nationalised and the ownership thereof was vested with the fourth Respondent which was transferred in favour of the fifth Respondent.