Subhash Jija Chavan v. Personal Managaer, Bajaj Auto Ltd

2024:BHC-AUG:9756-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 940 CIVIL APPLICATION NO. 4516 OF 2024 IN WP/1921/2005 SUBHASH JIJA CHAVAN

VERSUS

PERSONAL MANAGAER, BAJAJ AUTO LTD ...

Advocate for Applicant : Adv.S.B.Rajebhosale Advocate for Respondent : Adv.V.D.Kulkarni h/f. Adv.Y.R.Marlapalle ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 03.05.2024 P.C. :

1] Heard the learned counsel for the parties.

2] This Court, by order dated 20.02.2024 in Civil Application No.2113 of 2024 in Writ Petition No.1921 of 2005, permitted the applicants therein to withdraw the amount deposited in this Court. The order dated 20.02.2024 passed by this Court in Civil Application No.2113 of 2024 reads as under :

1.

Civil Application No.2113/2024 is filed by the original claimants for withdrawal of amount deposited by the respondent/Insurance Company in Writ Petition No. 1921/2005 with 5377/2005. The present applicant is the employee of the respondent Company, whose

services were terminated. The Industrial Court set aside the termination by directing the reinstatement of the applicant along with the payment of backwages. The writ petition was filed in this Court challenging the order passed in Complaint (ULP) No,360/1997. This Court dismissed the writ petition by directing the employer to deposit 50% of the amount under the award while admitting the petition.

Thereafter, by order dated 24.1.2011 and 31.1.2011 all the writ petitions were dismissed. The same was upheld by the Hon'ble Supreme Court.

2.

In view of the facts stated above, the applicant is permitted to withdraw entire amount deposited in this Court along with the accrued interest subject to filing of usual undertaking to the satisfaction of the Registrar Judicial of this Court.

3.

Civil Application for withdrawal of amount is disposed of accordingly.

3] The learned counsel for the applicants submits that in the aforesaid order dated 20.02.2024 at para no.1 in line no.2, words 'Insurance' may be deleted. Accordingly, from the aforesaid order dated 20.02.2024, the words 'Insurance' be deleted.

4] In view of the order dated 20.02.2024 passed by this Court in Civil Application No.2113 of 2024, the present Civil Application is allowed. The applicant is

permitted to withdraw entire amount deposited in this Court along with the accrued interest subject to filing of usual undertaking to the satisfaction of the Registrar Judicial of this Court.

5] Civil Application is disposed of accordingly. [ARUN R. PEDNEKER] JUDGE DDC