Case Note & Summary
The petitioner, a cooperative society, entered into a settlement with Mathadi workers represented by the union and the Board. Under the settlement, the petitioner agreed to pay wage differences from 1st January 1993 to 30th September 1996 amounting to Rs.4,00,000/- plus 28% levy. The petitioner failed to pay, leading the Board to issue an order on 30th April 1998 for recovery of Rs.1,37,000/-. The petitioner challenged this order by filing a writ petition. At the admission stage, the court directed the petitioner to deposit Rs.1,37,000/- on 1st July 1998. Subsequently, the Board filed a civil application, and on 27th August 1999, the court allowed the Board to withdraw the deposited amount and distribute it to workers in terms of the settlement. The Board withdrew the amount and paid it to the workers. The petitioner's counsel argued that the settlement was not binding, but the court noted that the amount had already been distributed. The court held that the petition had become infructuous and dismissed it with no order as to costs.
Headnote
A) Labour Law - Mathadi Workers - Recovery of Dues - Settlement - The petitioner challenged an order of the Board for recovery of Rs.1,37,000/- due under a settlement. The court had directed deposit of the amount, which was later withdrawn by the Board and distributed to workers. Held that since the amount has been paid to the workers, the petition has become infructuous and is dismissed. (Paras 1-3)
Issue of Consideration
Whether the writ petition challenging the order of the Board for recovery of Rs.1,37,000/- is maintainable after the amount has been deposited and withdrawn by the Board for distribution to workers.
Final Decision
The writ petition is dismissed as having become infructuous. No order as to costs.
Law Points
- Settlement binding on parties
- Recovery of dues under Mathadi Act
- Withdrawal of deposited amount by Board
- No further challenge after distribution
Case Details
2005 LawText (BOM) (03) 220
Writ Petition No.2222 of 1998
F.I. REBELLO, S.P. KUKDAY
Mr.Dilip Bodake for Petitioner, Mr.A.V.Bukhari for Respondent No.1, Mrs. S.S. Bhende, A.G.P. for Respondent Nos.2 & 3
R.B.Patil Kisan Sahakari Kharedi Vikri Sangh Ltd., Kolhapur
The Kolhapur District Mathadi and Unprotected Employees Mandal, The Collector, Kolhapur, State of Maharashtra, Bombay Mazdoor Union Kolhapur Branch
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Nature of Litigation
Writ petition challenging an order of the Board for recovery of dues under a settlement.
Remedy Sought
Petitioner sought quashing of the Board's order dated 30th April 1998 for recovery of Rs.1,37,000/-.
Filing Reason
Petitioner failed to pay the agreed amount under the settlement, leading to the Board's recovery order.
Previous Decisions
The court at admission stage directed deposit of Rs.1,37,000/- on 1st July 1998. Later, on 27th August 1999, the court allowed the Board to withdraw the amount and distribute it to workers.
Issues
Whether the writ petition challenging the recovery order is maintainable after the amount has been deposited and withdrawn by the Board for distribution to workers.
Submissions/Arguments
Petitioner's counsel argued that the settlement was not binding. Board's counsel pointed out that the amount has been withdrawn and paid to workers.
Ratio Decidendi
Once the amount deposited by the petitioner has been withdrawn by the Board and distributed to the workers in terms of the settlement, the challenge to the recovery order becomes infructuous.
Judgment Excerpts
As the Petitioners did not pay the amount the Board issued an order dated 30th April, 1998.
The Board withdrew the amount. Learned Counsel for the Board points out that the amount has also been paid to the workers.
Procedural History
The Board issued a recovery order on 30th April 1998. The petitioner filed Writ Petition No.2222 of 1998. On 1st July 1998, the court directed deposit of Rs.1,37,000/-. On 27th August 1999, the court allowed the Board to withdraw the amount and distribute it. The Board withdrew and paid the workers. The petition was heard on 21st March 2005 and dismissed as infructuous.
Acts & Sections
- Maharashtra Mathadi, Hamal and Other Manual Workers (Regulation of Employment and Welfare) Act, 1969:
