Janardan Bhikaji Khalekar v. Maharashtra State Seeds Corporation Ltd Through Its Managing Director Akola

2024:BHC-AUG:7427 2514.23CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 940 CIVIL APPLICATION NO. 2514 OF 2023 IN WP/1552/2017 JANARDAN BHIKAJI KHALEKAR

VERSUS

MAHARASHTRA STATE SEEDS CORPORATION LTD.

...

Advocate for Applicant : Adv.V.R.Mundada Advocate for Respondent : Adv.Anjali Dube [Bajpai] ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 04.04.2024 P.C. :

1] Heard the learned counsel for the parties.

2] The present petition is admitted in the year 2017. The order of Industrial Court granting benefit is passed on 29.09.2016. This Court, by order dated 08.02.2017 at para nos.7 and 8 has held that prima facie the respondent is in employment and the petitioner would therefore fall within the definition of 'factory' and industrial establishment'. This petition is pending for long period of time and the respondent [applicant herein] has also retired from service after attaining the age of superannuation. He needs money to sustain himself.

2514.23CA 3] In view of the same, the applicant is permitted to withdraw 25% of the amount deposited in this Court along with accrued interest thereon, subject to undertaking that in the event the applicant fails in the writ petition, he would re-deposit the amount withdrawn by him within a period of eight weeks. Civil Application is disposed of accordingly.

4] List Writ Petition No.1552 of 2017 for final hearing on 01.07.2024.

[ARUN R. PEDNEKER] JUDGE DDC