The Maharashtra State Co-operative Bank Ltd. vs Babulal Lade and Others

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

MISCELLANEOUS APPLICATION NO. 1308 OF 2020 IN CIVIL APPEAL NO. 232 OF 2016

The Maharashtra State Co-operative Bank Ltd. …Appellant(s)

Versus

Babulal Lade & Ors. …Respondent(s)

WITH

MISCELLANEOUS APPLICATION DIARY NO. 1755 OF 2021 IN CIVIL APPEAL NO. 232 OF 2016

The Maharashtra State Co-operative Bank Ltd. …Appellant(s)

Versus

Babulal Lade & Ors. …Respondent(s)

ORDER

M.R. SHAH, J.

Delay condoned.

1. By Miscellaneous Application No. 1308 of 2020 in Civil Appeal No. Signature Not Verified

232 of 2016, the original appellant – applicant – The Maharashtra State Digitally signed by Neetu Sachdeva Date: 2023.03.24 16:35:13 IST Reason:

Co-operative Bank Ltd. has prayed to transfer the amount of Rs. 3.52

1 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

2 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 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, the applicant/appellant bank deposited the

amount of Rs. 3.52 crores with this Court and the same has been

invested in the fixed deposit. It is reported that alongwith interest, the

amount comes to Rs. 4,95,94,737/-. It has come on record that earlier

pursuant to the order passed by the Industrial Court, Bhandara, the

appellant bank had deposited a sum of Rs. 13,89,84,334/- by demand

draft dated 11.02.2021 in favour of “Member, Industrial Court,

Bhandara”.

3. Thus, the amount due and payable towards the wages/salaries of

the concerned employees of the sugar factory in liquidation shall have to

be paid to them and/or to their legal heirs (in case the original employee

has died) out of the aforesaid amount (Rs. 13,89,84,334/- + Rs.

4,95,94,737/-), which shall have to be paid on the due verification and

identity as per the certificate issued by the Collector, as on 23.08.2011,

3 whereas a total sum of Rs. 13,89,84,334/- is due and payable to the

employees, which amount includes the amount due and payable towards

the statutory dues namely the provident fund, gratuity, bonus etc.

However, at the same time, it is required to be seen that the amount

goes to the right person, who is entitled to receive the amount due and

payable to him and for that purpose there shall be full particulars

including the bank account particulars of the concerned employees.

4. Having heard learned counsel appearing on behalf of the

respective parties and taking into consideration the earlier order passed

by this Court in Civil Appeal No. 232/2016, the present applications are

disposed of with the following directions: -

(i) The amount of Rs. 3.52 crores deposited by the appellant –

bank, deposited with this Court pursuant to the earlier order

passed by this Court with the interest accrued thereon be

transferred in the account of the Collector, Bhandara so as to

enable the Collector, Bhandara to distribute the same to the

concerned employees/legal heirs of the employes of the sugar

factory in liquidation;

(ii) The amount of Rs. 13,89,84,3374/- lying with the Industrial

Court, Bhandara along with the interest accrued thereon also be

4 transferred to the Collector, Bhandara in the account of Collector,

Bhandara;

(iii) The Collector, Bhandara is hereby directed to pay/disburse

respective employees’ dues of salaries/wages to the concerned

employees/legal heirs of the employes of the sugar factory in

liquidation on proper identification and verification of the claims

and to be deposited/paid directly in the bank account of the

concerned employees/legal heirs of the employes of the sugar

factory in liquidation along with the interest @ 7.5% on their

respective dues.

(iv) The aforesaid amount to be disbursed to the concerned

employees/legal heirs of the employes of the sugar factory in

liquidation at the earliest but not later than 31 st December, 2023,

as observed hereinabove with the utmost transparent manner and

proper identification and verification of the claims of the respective

employees/legal heirs of the employes of the sugar factory in

liquidation.

(v) The balance amount, if any, remaining after making the

payment as above to the concerned employees/legal heirs of the

employees of the sugar factory in liquidation as above, be dealt

5 with in accordance with law and the balance amount be paid to the

appellant – bank towards dues of the bank.

With this, present applications stand disposed of.

………………………………….J. [M.R. SHAH]

NEW DELHI; ………………………………….J. MARCH 24, 2023. [KRISHNA MURARI]

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