1. Heard learned counsel for the respective parties. The order 17.10.20011 passed in Special Civil Application No. 10690/2011 had not been challenged by the respondent. The said order reads as under :-
"1.0 Leave to amend the prayer clause.
2.0 Heard, learned advocate Mr. TR Mishra for the petitioner, learned advocate Mr. Panesar for respondent No. 2 and learned advocate Mr. Tarak Damani for respondent No. 1.
2.1 The learned advocate for the petitioner relies upon a decision of this Court dated 4th December 2008, passed in Special Civil Application No. 7150 of 2008 (Coram: Honourable Mr. Justice Jayant Patel).
2.2 The learned advocate for respondent No. 2 relies upon a decision dated 8th September 2011 of Division Bench of this Court (Coram: Honourable the Chief Justice Mr. SJ Mukhopadhaya, as he then was and Honourable Mr. Justice Anant S. Dave) in Special Civil Application No. 14924 of 2010 and connected matters. The learned advocate for the respondent No. 2 invited attention of the Court to Para 59, 60 and 69.
3.0 The matter requires consideration. Rule. Learned advocateMr. Damani for respondent No. 1 and learned advocateMr. Panesar for respondent No. 2 waive service of Rule.
3.1 Interim relief in terms of Para 16(D), which reads as under:
"Pending admission and final disposal of this petition, Your Lordships be kind enough to direct the respondent to release the undisputed amount and pay the same to the workmen."
2. However, this Court had on 20.07.2009 passed the following order in Special Civil Application No. 12169 of 2008 :
"A copy of the E-mail message is received by the counsel for the respondent. She wants it to place it on record. Accordingly, the same is ordered to be taken on record. Shri Mishra, learned advocate appearing for the petitioner submitted that any transfer without taking into consideration and without making provision of claim is illegal.
However, there is a consensus amongst the learned advocates appearing for the parties that all the parties are presented before the Labour Court at Ahmedabad in the proceedings of Reference No. 176 of 2005 and Recovery Application No. 1540 of 2005, this petition be disposed of without going into the merits of the case as the outcome of the said proceedings will be binding on all the parties and subject to the permissible right to challenge the same before the appropriate forum. The permission as sought for is granted. Matter is disposed of accordingly. Looking to the facts, the Labour Court is expected to finish the aforesaid proceedings as early as possible. Notice discharged. Liberty to parties to approach this Court afresh in case of difficulty and this order shall not come in their way in any manner. There shall be no order as to costs.
3. In view of the aforesaid order, RULE returnable in the first week of September, 2012. The undisputed amount as referred to in the reply at page 98-99 shall be paid to each of the workmen by A/c. Payee Cheque, after proper verification.
4. The balance amount shall be invested in the FDR with the State Bank of India, High Court Branch initially, for a period of one year, which shall be renewed from time to time, without any further orders in that regard from this Court. The interest accruing on such deposit shall accumulated. The FDR shall be retained by the 'Nazir' of this Court. The amounts referred to in other columns will be subject to the result of this petition.
[K.S.
JHAVERI, J.] /phalguni/ Top