JAGDMBA SAHKARI SAKHAR KARKHANA LTD Vs. TAHSHILDAR KARJAT

JUDGEMENT

(1.) By this petition, the petitioner seeks quashing of orderissued by the respondent No. 1 - Tahsildar, dated 4-3-2008, whereby attachment of immovable properties of the petitioner is directed in order to recover dues of gratuity amount payable to ex-worker of the petitioner.

(2.) The petitioner is a sugar factory of which the respondent No. 2 was a worker. The respondent No. 2 sought recovery of gratuity amount by filing an application (PGA) No. 49/2004. The learned Assistant Commissioner of Labour, Ahmednagar heard the parties and issued recovery certificate in favour of the respondent No. 2. The petitioner factory was under liquidation. The winding up process started in the midst of the proceedings of the recovery certificate. Ultimately, a liquidator has been appointed and is in-charge of the petitioner.

(3.) The challenge to recovery proceedings is on the ground that without leave of the Registrar, no such proceedings can be taken up in view of section 107 of the Maharashtra Co-operative Societies Act, 1960 (for short MCS Act). Reliance is placed on Shrirampur Taluka Sahakari Kharedi Vikri Sangh Ltd., (In liquidation) by Liquidator Shri Ravikant Shantavan Pandit, Dist. Ahmednagar vs. Vijay Sampatrao Borade and others, 1990 CTJ 241. It is also argued that in view of section 163 of the MCS Act, the respondent has no jurisdiction to issue the attachment warrant. It is contended by the learned counsel for the petitioner that in view of section 155 of the MCS Act, the scheme is provided for recovery of the sums due to the Governments and when the recovery certificate is issued by the Assistant Commissioner of Labour, then such recovery will be as contemplated under section 155 inasmuch as it would be deemed as amount payable to the Government. It is in view of such objections that the recovery process is being impugned.