THE MAHARASHTRA STATE CO-OPERATIVE BANK LTD. versus BABULAL LADE & ORS.

Citation: [2023] 3 S.C.R. 649 · Decided: 24-03-2023 · Supreme Court of India · Bench: M.R. SHAH · Disposal: Disposed off
Open in Lexace · Ask the AI about this case
Judgment (excerpt)

A
B
C
D
E
F
G
H
649
THE MAHARASHTRA STATE CO-OPERATIVE BANK LTD.
v.
BABULAL LADE & ORS.
 (Miscellaneous Application No. 1308 of 2020
in
(Civil Appeal No. 232 of 2016)
MARCH 24, 2023
[M. R. SHAH AND KRISHNA MURARI, JJ.]
Service Law: Salary/wages – Payment of – Payment of dues
of the employees of the sugar factory in liquidation by the appellant-
Bank, out of the sale proceeds from the auctioned property –
Appellant Bank deposited 25% of the total amount due, in this Court
as also deposited certain sum with the Industrial Court – Appellant
Bank then sought transfer of that amount along with interest to the
account of the Collector with the direction to distribute the amount
as per the entitlement of each and every employee of the sugar
factory after proper identification proportionately – Held: The
amount due and payable towards the wages/salaries of the
concerned employees of the sugar factory in liquidation to be paid
to them and/or to their legal heirs – Furthermore, the full particulars
including the bank account particulars of the concerned employees
required to see that the amount goes to the right person – Thus,
issuance of certain directions – Amount deposited with this Court
along with interest accrued and the amount deposited with the
Industrial Court be transferred to the Collector to distribute the
same to the said employees/legal heirs of the employees after proper
identification and verification of the claims – Appellant Bank also
permitted to withdraw the excess amount deposited.
CIVIL APPELLATE JURISDICTION: Miscellaneous Application
No. 1308 of 2020 in Civil Appeal No. 232 of 2016.
From the Judgment and Order dated 04.12.2019 in C.A. No. 232
of 2016 of the Supreme Court of India.
With
[2023] 3 S.C.R. 649
649
A
B
C
D
E
F
G
H
650
SUPREME COURT REPORTS
[2023] 3 S.C.R.
Miscellaneous Application Diary No. 1755 of 2021 in Civil Appeal
No. 232 of 2016.
M. Y. Deshmukh, Ms. Manjeet Kripal, Adweetiya Sharma,
Amitkumar Pathak, Satyajit A. Desai, Ms. Anagha S. Desai, Satya Kam
Sharma, Gajanan N. Tirthkar, Saurabh Anand, Dharmendra Kumar Sinha,
Raju Sonkar, Ms. Mamta Srivastava, Mrs. Pooja Sonkar, Chander
Shekhar Ashri, Advs. for the appearing parties.
The Order of the Court was passed by
M. R. SHAH, J.
Delay condoned.
1. By Miscellaneous Application No. 1308 of 2020 in Civil Appeal
No. 232 of 2016, the original appellant – applicant – The Maharashtra
State Co-operative Bank Ltd. has prayed to transfer the amount of
Rs. 3.52 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 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
A
B
C
D
E
F
G
H
651
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, t
Excerpt shown. Read the full judgment & AI analysis in Lexace.