Mr. Vinayak Mangesh Sawant v. M/S. Adarsh Rent A Car Pvt. Ltd. Through Mr. Anil Hanuman Prasad

31.caw-2459.17.odt sbw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2459 OF 2017 IN WRIT PETITION NO.9807 OF 2015 Vinayak M. Sawant .. Applicant In the matter between M/s. Adarsh Rent A Car Pvt. Ltd.

.. Petitioner Vs.

Vinayak M. Sawant .. Respondent Mr. R.D.Bhat for the applicant.

Mr. Mahesh Shukla a/w Viraj Prajapati for the petitioner. CORAM : A.K. MENON, J.

DATED : 14TH FEBRUARY, 2019.

P.C. :

1. This civil application is moved pursuant to liberty granted vide order dated 13 th February, 2017 to comply for withdrawal of amounts deposited pursuant to that order. It is the case of the respondentapplicant that he has a good case on merits and that the petitioner did not pay the subsistence allowance in full. Thus, the contention of the respondent-applicant is that he is entitled to 100% subsistence allowance on the basis of the last wage drawn under the applicable Standing Orders. The total amount claimed by the respondent is Rs.5,15,460/- as of 30 th August, 2017. Save and except Rs.1,19,957/- 1/2

31.caw-2459.17.odt the rest of the amount has been paid over.

2. The civil application makes out no ground at all for withdrawing thee amounts. It is the contention of the respondent that he is not employed in any establishment. In reply, however, it is contended that he is gainfully employed as a driver. There is no rejoinder and no denial of this fact.

3. In my view there is no ground to alter status quo apropos the amount which lies invested in a nationalised bank.

4. Civil application is dismissed.

(A.K.MENON,J.) wadhwa 2/2