Sachin Bhika Kadam v. Oakwood Residence

523. ia 19350-22.doc Diksha Rane

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by DIKSHA DINESH RANE Date:

2022.10.20 19:02:29 +0530 DIKSHA DINESH RANE INTERIM APPLICATION NO. 19350 OF 2022 IN WRIT PETITION NO. 1199 OF 2022 SACHIN BHIKA KADAM ..APPLICANT VS.

OAKWOOD RESIDENCE ..RESPONDENT ------------ Mr. S. N. Biradar for the applicant.

Mr. A. V. Joshi for the respondent/org. Petitioner. ------------ CORAM : M. S. KARNIK, J.

DATE : OCTOBER 20, 2022.

P.C. :

1.

Not on board; taken on board.

2.

This is an application by the applicant-workman for withdrawal of the amount of Rs.8,25,125/- deposited by the respondent-employer before the Labour Court, Pune, in compliance of the order dated July 20, 2022 in this writ petition.

3.

The employee succeeded before the Labour Court as well as the Industrial Court and the employer is directed to reinstate the employee. The Labour Court granted 25% backwages.

4.

As there is an order of this Court dated July 20, 2022 directing that no coercive steps be taken against the employee and as the employee has succeeded before both

523. ia 19350-22.doc the Courts below with an order of reinstatement with 25% backwages, in my opinion, in the interest of justice, 50% of the amount which has been deposited in this Court can be allowed to be withdrawn by the employee on his furnishing an undertaking that such withdrawal would abide by the final order that may be passed in this writ petition. 5.

The interim application is disposed of.

(M.S.KARNIK, J.)