- (1.) BY this common order we dispose of both the appeals. The appellant in Civil Appeal No. 5988/2004 was also a party before the proceedings dealt with by the High Court which is covered by the order impugned in these appeals. Having heard learned Counsel for the appellant in CA 5987/2004 and the order which we propose to pass in that appeal by which the interest of the workmen alone subsists which is the subject matter of consideration before us which is to be taken care of while examining the correctness of the judgment impugned, We do not find any merit to consider the claim of the appellant in Civil Appeal No. 5988/2004 who was a formal party before the High Court and the impugned order does not in any way affect its interest. The Civil Appeal No. 5988/2004 shall therefore stand dismissed.
(2.) AS far as the appellant in Civil Appeal No. 5987/2004 is concerned, to trace the brief facts, the grievance of the appellant in substance is only with reference to the settlement of their dues as the erstwhile workmen of M/s. Khandesh Spinning & Weaving Mills Co. Ltd. which is represented by the Official Liquidator - the first respondent herein. In fact, whatever liability due to the workmen in monetary value was determined based on the claim made by the appellant Union (in C.A. No. 5987/2004) before the appropriate authority and the amount so determined has also been deposited with the Assistant Commissioner of Labour, Jalgaon, Maharashtra. In fact, along with the affidavit filed by the Assistant Commissioner of Labour dated 6.9.2011 in this Court in Annexure 'A1 ' dated 8.3.2011, it is stated that the Official Liquidator has forwarded a cheque for Rs.2,48,85,618/- in his favour for settlement of the claims of the workmen towards their salary and other dues. He has also furnished a break up figures with regard to the payment already made and certain cheques issued to some of the workmen, which were returned back and the amount which is now kept in the bank deposit for settlement of any future claims of those workmen whose claim have already been ascertained and determined. The appellant was aggrieved by the order of the High Court impugned in this appeal (Civil Appeal No. 5987/2004). According to the appellant, the sale was effected by the Debt Recovery Tribunal as well as Debt Recovery Appellate Tribunal which orders were challenged in the High Court and the High Court ultimately confirmed the sale in favour of the 12th respondent herein. By the order impugned, the High Court dismissed the writ petition filed by the appellant challenging the order of the Debt Recovery Appellate Tribunal (for short 'Tribunal ') and held that Misc.Appeal No. 233/2003 by which the sale in favour of the 12th respondent came to be confirmed was in order. The sum and substance of the grievance of the appellant in the appeal filed before the Tribunal and the subsequent writ petition before the High Court was that the sale was confirmed in favour of the 12th respondent to a far lesser value of the property while it would have fetched far higher value if the sale had been effected in a transparent manner. Be that as it may, while hearing the Counsel for the appellant, the 1st respondent, 12th respondent and other respective Counsel we find that the only grievance of the appellant related to the interest which the members of the appellant are entitled to for the settlement of the dues towards salary as well as other terminal benefits. Since the affidavit of the Assistant Commissioner of Labour has now confirmed that the entire amount by way of wages and other dues was already deposited by the Official Liquidator in a sum of Rs.2,48,85,618/-, the only grievance of the appellant in regard to the claim of interest on the dues of those member workmen can at best be as between the date of closure of the mill and the date of deposit made by the Official Liquidator with the Assistant Commissioner of Labour. In that respect the learned Counsel for the appellant as well as the 12th respondent submitted before us on the last date of hearing that they would discuss among themselves and report to this Court as to the interest that can be directed to be paid by the 12th respondent with a view to bring a quietus to the litigation which now remains in the narrow compass of payment of interest to the workmen concerned. Mr. Jayant Bhushan, learned Senior Counsel appearing for the 12th respondent submitted before us that the 12th respondent will abide by whatever direction as regards the quantum of interest that may be directed to be paid to the workmen concerned. Learned Counsel for the appellant has also left to the decision of this Court for determining the quantum of interest. Learned Counsel for the 12th respondent in his submission submitted that by this payment of interest, the entire claim of the workmen should be fully and finally settled and it should leave no scope for anybody else to come forward with any future claim against the management. Learned Counsel also submitted that if in regard to the amount payable to any of the workmen whose claims has also been determined and any shortage is reported by the Assistant Commissioner of Labour, the 12th respondent will come forward to make that payment also.
(3.) HAVING heard learned Counsel for the respective parties and having perused the order impugned and the narrow compass within which the whole controversy now remains, we are convinced that ends of justice can be achieved by directing the 12th respondent to pay interest @ 9% per annum for the period (viz.) from the date the amount fell due and payable to the workmen and the date when the amount was deposited with the Official Liquidator. We also make it clear that apart from the sum of Rs.2,48,85,618/- deposited by the Official Liquidator with the Assistant Commissioner of Labour, for the period during which the said amount was with the Official Liquidator, if any interest had accrued thereon and was payable as per the proceedings of the Official Liquidator, the same shall also be deposited with the Assistant Commissioner of Labour. We further direct that based on the calculation of the Assistant Commissioner of Labour, if any shortage as regards the dues payable to the workmen is reported, the same shall be deposited by the 12th respondent which will also carry interest at the rate of 9% per annum which interest should be paid from the date the amount fell due to the workmen till the deposit is to be made by the 12th respondent. The 12th Respondent shall deposit the interest as directed by us within 12 weeks from today.;