RASHTRIYA SAKHAR KAMGAR UNION THROUGH ITS PRESIDENT AND OTHERS v. THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS
CA/8085/2025 · 2026-09-03
body2023
DailyLaw.ai
[ 2023 DAILYLAW 3115 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2023 DAILYLAW 3115 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
( 1 ) 919-WP-15794-2023 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 919 WRIT PETITION NO. 15794 OF 2023 Rashtriya Sakha Kamgar Union Through Its President And Others VERSUS The Union Of India Through Its Secretary And Others WITH CIVIL APPLICATION NO. 8085 OF 2025 IN WP/9325/2022 WITH WRIT PETITION NO. 9325 OF 2022 AND WRIT PETITION NO. 12554 OF 2023 ... Mr. V. D. Sapkal, Senior Advocate a/w Mr. V. K. Bhosale, i/by Mr. S. R. Sapkal, Advocate for the Petitioners. Mr. V. D. Hon, Senior Advocate i/by Mr. A. V. Hon, Advocate for Respondent/Liquidator. Mr. R. N. Dhorde, Senior Advocate i/by Mr. V. R. Dhorde, Advocate for Respondent/Bank. Mr. N. S. Tekale, AGP for Respondent-State. Mr. R. R. Karpe Advocate for Respondent No.4. Ms. Sunita Sonawane, Advocate for Respondent Nos. 6 to 26. Mr. P. V. Barde, Advocate for Respondent Nos. 27 to 32. CORAM : KISHORE C. SANT & JITENDRA JAIN, JJ. DATE : 03rd SEPTEMBER 2026. PC :-
1. It is informed that in the meantime, the elected body has taken over the affairs of the Respondent No.6/Sahkari Sakhar Karkhana. In
( 2 ) 919-WP-15794-2023 that view learned Senior Advocate Mr. Hon submits that the liquidator needs to be discharged by issuing notice to the Respondent No.6/Karkhana. 2. In view of the statement, the learned Advocate for the petitioner seeks leave to amend the title clause by correcting the name of Respondent No.6 showing the said Sahkari Sakhar Karkhana through its Secretary/Managing Director/Chairman as the case may be. 3. Amendment be carried out within a period of two weeks from today. 4. After amendment is carried out, issue notice to the Respondent No.6, returnable on 01/10/2026. 5. In addition to Court notice, the petitioner is at liberty to serve Respondent No.6 by way of private mode of service and file affidavit to that effect. 6. So far as Provident Fund is concerned, out of provident fund liability, only Rs.8 crore amount is deposited with the provident fund authority by the Respondent/Bank. There is still amount of Rs.17,54,74,711/- remained to be deposited as on 25/10/2023. ( 3 ) 919-WP-15794-2023
7. For the present, since the labours are deprived of the benefit, to allow them to come out of this situation, we direct the Provident Fund Authorities to disburse the amount as per the entitlement of each worker.
For that purpose, the workers will raise the demand with the PF authorities and shall complete the formalities. The Respondent /Karkhana to co-operate the workers in completing the formalities. 8. It is informed that in some cases, dues are already settled, therefore, the remaining employees are at liberty to approach the PF authorities. It is also placed on record that presently the Regional Provident Fund Authority Nashik-I, Nashik has introduced the scheme namely, “Vishwas Scheme” whereby the employer can make an application for reducing the amount of damages. If such applications are made, the PF authority to consider the same. WP/12554/2023
9. Heard. 10. Issue notice to Respondent No.7, returnable on 01/10/2026. CA/8085/2025
11. Heard the learned Advocate for the applicant. ( 4 ) 919-WP-15794-2023
12. The present civil application is filed for intervention in the writ petition No. 9325/2022. 13. For the reasons stated in the application and since a case is made out by the applicant, Application stands allowed. Necessary amendment be carried out by the petitioner within a period of three weeks from today. 14. With these, application stands disposed off. 15. CA/1747/2024 to be tagged alongwith present writ petitions. [JITENDRA JAIN, J.] [KISHORE C. SANT, J.] D.A.ETHAPE