Bank of Maharashtra v. Pandurang Keshav Gorwardkar
2005-11-21
B.P.SINGH, R.V.RAVEENDRAN
body2005
DigiLaw.ai
Judgment : Delay condoned in SLP(C) No. 2766/2005. Leave granted. Printing dispensed with. The appeals shall be heard on the SLP paper books. Parties may file additional documents, if any, within six weeks. Original record shall be requisitioned. In these appeals a question arises as to whether the claims of the workmen who claims to be entitled to payment paripassu, have to be considered by the Labour Court or whether their claims have to be adjudicated upon by the Debts Recovery Tribunal itself. This question is likely to arise in a large number of cases where recoveries are sought to be made pursuant to certificates issued by the Debts Recovery Tribunal. We, therefore, feel that these matters require urgent consideration and preferably by a Bench of three Judges. Let these matters be placed before the Hon'ble The Chief Justice for appropriate directions. In the meantime, directions contained in paras 8(ii), 9 and 10 of the impugned judgment of the High Court shall remain stayed. We clarify that the amounts kept apart for being paid to the workmen shall not be distributed. Nothing said in this order shall come in the way of the competent authority for adjudicating the claims of the workmen.