At, Supreme Court of India
By, HON'BLE JUSTICE M. M. DUTT AND HON'BLE JUSTICE RANGANATH MISRA
Judgment Text
1. Mr. Subhash Kulkarni, Secretary of the petitioner-Association is present in court on behalf of the petitioner and Mr. A. Sundaram Manager Bank of Madurai, Data Bhai Naroji Road, Bombay represents the Madurai Bank one of the respondents herein others and absents. Heard them in person
2. On January 20, 1988 this Court had directed that out of the 44 lakhs of rupees due to the workmen under the orders of the Payment of Wages Authority and the Industrial Court 50 per cent should be disbursed to the labourers towards wages and the court had further directed that eight thousand bags of sugar which were to be disposed of, should be disposed of quickly and the liquid cash should be in the hands of the Court Receiver
3. It appears that before the order reached the parties Bank of Madurai the creditors of the society had already adjusted the amount in its books. We do not propose to re-open that question at present but we are leaving it and to be looked into later on
4. It was stated that out of eight thousand bags in stock, now turns out to 7805 bags and the same is admitted by Mr. Sundaram to have already been sold. It is stated that an estimated amount of Rs. 32 lakhs net would come to the hands of the Receiver. Out of this amount tentatively we propose to give Rs. 20 lakhs against the outstanding dues of the labourers and Rs. 12 lakhs may be appropriated by the Bank on account. It is made clear that accounts are not settled and al figures are only tentative. It is agreed by the petitioner that Rupees one lakh 25 thousand out of Rs. 44 lakhs had already been paid. As such the outstanding dues as per the courts order as aforesaid are now 42, 75, 000. The payment of Rs. 20 lakhs which is now ordered is against these dues of 42, 75, 000
5. Grievances made on behalf of the petitioners that the labourers are not in a position to wait any further and some money should be immediately paid. We direct the Receiver to pay Rs. 5 lakhs out of the Rs. 20 lakhs as indicated above within one week and the balance of Rs. 15 lakhs to be paid within three weeks from now. The matter is directed to be re-listed on March 21, 1988. The Rec
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eiver is called upon to make a complete report on all aspects covered by our order to indicate if there have been total compliance. A copy of this order shall be made available to the parties present in court today. Court Master.