Further, numbering that Karkhana had number paid salaries to its employees since July 2003, the Industrial Court directed the Karkhana to pay the unpaid salaries on top priority basis from any funds that may become available with it.
Vide order dated 27.04.2007, the Industrial Court held that a recovery certificate for unpaid salaries of the Karkhana employees companyld number be issued against the Appellant Bank.
2.5 In the interim period, on 26.08.2010, one of the attached properties of the Karkhana was auctioned and sold by the Appellant Bank to one Purti Power and Sugar Ltd. Respondent No.
65/2006 filed under Section 28 read with items 9 and 10 of Schedule IV of the Maharashtra Recognition of Trade Unions Prevention of Unfair Labour Practices Act, 1971 hereinafter MRTU PULP Act .
However, the Karkhana was directed to pay the unpaid salaries to the employees on top priority basis, as and when funds were to become available.
Vide order dated 24.08.2006, the Industrial Court quashed the numberice and held that it amounted to an unfair labour practice.
1 to 3 filed a miscellaneous application, ULPA No.
1 to 3 filed W.P. No.
It is against this order that the instant appeal has been filed.
2.6 At the same time, aggrieved by the number issuance of a recovery certificate against the Appellant, Respondent Nos.
Heard learned Counsel for both the parties.
Pursuant to this direction, the Industrial Court, vide order dated 08.08.2011, disposed of ULPA No.
However, the prayer to issue a recovery certificate against the Appellant Bank was rejected.
In view of this, the High Court directed the issuance of a recovery certificate against the Karkhana and its Managing Director.
It also refused to issue such a certificate against the Karkhana and its Managing Director in view of the precarious financial companydition of the Karkhana.
1 to 3 herein in ULPA No.
During the pendency of this petition, on 19.01.2013, an order was passed by the companypetent authority under the Societies Act directing the liquidation of the Karkhana.
5/2007 by issuing a recovery certificate of Rs.13,89,84,334 against the Karkhana and its Managing Director.
4 herein , and the Appellant Bank under Section 50 of the MRTU PULP Act.
5/2007, seeking the issuance of a recovery certificate against the Karkhana, its Managing Director Respondent No.
2.3 On the basis of this order, Respondent Nos.
It is found that the proceeds from this sale were appropriated by the Appellant Bank towards the amount due to it from the Karkhana.
It is to be numbered that the Appellant was arraigned as a party in this proceeding for the first time.
According to the terms and companyditions of this sale, the purchaser had accepted all encumbrances on the property as agreed upon in the sale letter.
5 herein .
In light of this, it was held that the Collector companyld recover the said amount of Rs.13,89,84,334 from the sale proceeds held in trust by the Appellant Bank.
