Nanaji Daga Shirsath, v. The Commissioner, Nashik Municipal Corporation And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1477 OF 2018 CIVIL WRIT PETITION NO. 10268 OF 2010 Nitin Bhimrao Sonawane.

CIVIL APPLICATION NO. 1485 OF 2018 CIVIL WRIT PETITION NO. 10278 OF 2010 Bhalchandra Dhondiram Shirsath.

CIVIL APPLICATION NO. 1484 OF 2018 CIVIL WRIT PETITION NO. 10266 OF 2010 Chandrakant Dattatray Khetade.

CIVIL APPLICATION NO. 1483 OF 2018

CIVIL WRIT PETITION NO. 10281 OF 2010 Ganaratna Baburao Kashid.

CIVIL APPLICATION NO. 1482 OF 2018 CIVIL WRIT PETITION NO. 10271 OF 2010 Sagar Shivaji Patil.

CIVIL APPLICATION NO. 1481 OF 2018 CIVIL WRIT PETITION NO. 10284 OF 2010 Kiran Dattatray Shete.

CIVIL APPLICATION NO. 1480 OF 2018 CIVIL WRIT PETITION NO. 10247 OF 2010 Nanaji Daga Shirsath.

CIVIL APPLICATION NO. 1479 OF 2018 CIVIL WRIT PETITION NO. 10277 OF 2010 Rajesh Sahadu Shinde.

CIVIL APPLICATION NO. 1478 OF 2018 CIVIL WRIT PETITION NO. 9876 OF 2010 Atul Vishnupant Kapkar.

Mr. Nagesh Chavan, advocate for applicant.

Mr. M.L. Patil, advocate for respondent.

CORAM : SMT. SADHANA S. JADHAV,J.

DATE : OCTOBER 5, 2018.

P. C. :

Heard of the respective parties. These are applications seeking liberty to withdraw 10 months backwages, which is deposited in the Industrial Court by the petitioners. The petitions are of the year

2010. The applicants are out of service. Learned Counsel appearing for the applicants submits that the applicants have no other source of income and therefore, prays that the applicants be allowed to withdraw the backwages.

The learned Counsel for the respondent i.e. original petitioner has also fairly submitted that in the given circumstances, since there is an interim relief in favour of the petitioners since 2011, they would have no objection for withdrawal of the backwages. In view of this, the applications are allowed in terms of prayer clause (b). All the applicants shall withdraw respective amounts deposited in the Industrial Court at Nashik. The applications stand disposed of accordingly.

The Writ Petitions are fixed for final hearing in the week commencing from 26/11/2018.

[SMT. SADHANA S. JADHAV, J.] Digitally signed by Aruna Sandeep Date:

2018.10.11 16:32:08 +0530 Aruna Sandeep