9911796707
TMI Blog2004 (8) TMI 742X X X X Extracts X X X X X X X X Extracts X X X X ..... application being Original Application No. 344 of 1999 before the Debt Recovery Tribunal (hereinafter referred to as the DRT ) for recovery of the loan lent and advanced by them to the respondent No. 1 company. The said application was allowed by the DRT and ultimately on 21.8.2001 a recovery certificate was issued for the recovery of a sum of ₹ 25,50,91,756.94. 3. Pursuant to the said recovery certificate the 2nd respondent initiated recovery proceedings being Recovery Proceedings No. 78 of 2001. In execution of the said Recovery Certificate the respondent No. 2 bank attached and sold the assets of the respondent No. 1 company which were secured in their favour. 4. It seems that in execution of the said recovery certificate the movable assets of the respondent No. 1 company were sold and amount of ₹ 4,70,55,000/- was recovered. It is the case of the 2nd respondent that out of the aforesaid amount, an amount of ₹ 3 crores as released to the 2nd respondent on 10.3.2004. It is further the case of the 2nd respondent bank that an amount of ₹ 1,17,55,000/- has been kept aside towards the likely claim of the petitioners herein who are workmen o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ount of ₹ 3 crores without the claim of the petitioners being adjudicated and paid over. Thus petitioners have approached this Court inter alia for a direction that the claim of the petitioners who are the workmen should be adjudicated and paid over. The respondent No. 2 has appeared before us and has inter alia contended that there is a sufficient amount of ₹ 175 lacs kept aside towards the dues which are payable to the workers and, therefore, it is submitted that the workers have suffered no prejudice in respect, of their claim. It is however argued by the learned counsel for the respondent No. 2 that it is necessary that before any payment is made such claim of the workers is required to be adjudicated. On the other hand, the learned counsel for the petitioner has argued that in a company application which was preferred by the petitioners, the respondent no.1 has in fact admitted the claim of the workers and, therefore, there is nothing left to be adjudicated. The respondent no. 2 however submits and in our view with considerable force that the Court cannot direct payment of the amount of the workers merely on the basis of the so called admission of the part of the r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h are necessary to be issued in the present writ petition and accordingly we pass the following order which will be implemented in accordance with guidelines set out in this judgment :- (1) The Debt Recovery Tribunal is directed to retain the sum of ₹ 1,17,55,000/- and not to disburse the same either to the 2nd respondent or to any other person till and until the claim of the (2) The Presiding Officer of the Debt Recovery Tribunal, Mumbai shall adjudicate upon the claims of the petitioner workers and more particularly of the employees whose names are set out in Exhibit A and determine the salaries payable either as and by way of arrears or otherwise to each of the workers. (3) Once the claim of each of the workmen is determined, the Debt Recovery Tribunal shall make payment of the said dues to the workers out of the amount lying with him of the said ₹ 1,17,55,000/- and if there is a short fall, then the Debt Recovery Tribunal will be permitted to call for the said balance amount from the 2nd respondent out of the sum of ₹ 3 crores which has already been withdrawn by the 2nd respondent from the sale proceeds of the auction sale of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich will be in English and another in vernacular language of that region inviting the claims of the workers. ii) Simultaneously the Presiding Officer will also issue a notice to the directors or ex-directors of the company, as the case may be, calling upon them to submit a statement supported by documentary records, inter alia, indicating the number of workmen, their last drawn salary paid and the arrears of salary or other claims, if any. iii) The Presiding Officer will prescribe the format of an affidavit in which the workers can file their claim before the Presiding Officer. Such claim should be supported by the workers on the basis of the documents which are briefly set out as under:- (a) Letter of appointment, (b) Letter of confirmation, (c) Last salary slip or any evidence of salary drawn, (d) Any other relevant documents such as ESI card, Provident Fund details iv) The Presiding Officer will not insist that all the documents as mentioned above should be filed cumulatively but will permit the workers to file the aforesaid documents in so far as they are available with the said workmen. v) The amount reali ..... X X X X Extracts X X X X X X X X Extracts X X X X
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