Superintending Engineer v. Nanabhai Rupabhai Malivad
2017-09-01
B.N.KARIA, M.R.SHAH
body2017
DigiLaw.ai
ORDER : M.R. SHAH, J. Heard Shri Dhawan Jayswal, learned Assistant Government Pleader appearing on behalf of the applicants and Shri U.T Mishra, learned advocate appearing on behalf of the respective respondents - original respondents - workmen in respective Special Civil Applications. 2. All these applications have been preferred by the applicants herein - original petitioner of respective Special Civil Applications for an appropriate direction permitting them to withdraw the amount, which they deposited pursuant to the interim order passed by the learned Single Judge in respective Special Civil Applications while issuing rule in the respective Special Civil Applications i.e. Rs. 35,000/- qua each workman. 3. Having heard the learned advocates appearing on behalf of the respective parties, it appears that against the common judgment and award passed by the learned Labour Court, applicants herein preferred Special Civil Application No. 9483/2010 and allied Special Civil Applications. While issuing rule in respective Special Civil Applications and staying further implementation, execution and operation of the common judgment and award passed by the learned Labour Court in respective References, learned Single Judge directed the applicants herein to deposit a sum of Rs. 35,000/- qua each workman, which the applicants deposited in the month of October, 2010. It is not in dispute that thereafter the main Special Civil Applications are allowed by the learned Single Judge and the common judgment and award passed by the learned Labour Court in respective References are set aside. Under the circumstances, as such, the applicants would be entitled to get back the amount, which they deposited pursuant to the interim order passed in respective Special Civil Applications. It appears that thereafter against the impugned judgment and order passed in respective Special Civil Applications, concerned workmen preferred Letters Patent Appeals. However, the same are dismissed as not maintainable and the said order dismissing the Letters Patent Appeals as not maintainable has attained finality. 4. Shri Mishra, learned advocate appearing on behalf of the respective respondents - workmen has stated at the Bar that the order passed by the Division Bench in respective Letters Patents Appeals dismissing the Appeal on the ground that the same is not maintainable is not carried further and the same has attained finality. 5. In view of the above, all these applications are allowed. The applicants are permitted to withdraw the amount, which they have deposited with the Registry i.e. Rs.
5. In view of the above, all these applications are allowed. The applicants are permitted to withdraw the amount, which they have deposited with the Registry i.e. Rs. 35,000/- qua-each workman, which they have deposited in the months of October, 2010 pursuant to the interim order passed by the learned Single Judge in respective Special Civil Applications, which shall be paid to the office of the Government Pleader by an account payee cheque/cheques in the name of applicant no. 1 - Superintendent Engineer, Kadana Yojna Circle. 6. With this, all these applications are allowed to the aforesaid extent.