Krushi Jivan Vikas Pratisthan Yenbodi Thr Its Secretary Shri Vijay Wasade And Another v. Pushpa Punjaramji Chambhare And Others

2 ca1470.19.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION 1470 OF 2019 IN WRIT PETITION 1158 OF 2016 Krushi Jiwan Vikas Pratishthan Yenbodi and another. Vs Pushpa Punjaramji Chambhare and others.

--------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Ms Preeti D. Rane, counsel for petitioners.

Shri P.N.Shende, counsel for respondent 1/applicant. Shri N.S. Rao, AGP for respondents 2 and 3.

CORAM: ROHIT B. DEO, J.

DATE: 2 5 . 09.2019 .

This application is taken out for withdrawal of the entire amount deposited by the petitioner. 2.

The application is opposed by Ms. P.D. Rane, learned counsel for the petitioners on the ground that the deposit is towards backwages and since, the order of reinstatement is confirmed by this Court, the only issue for adjudication is entitlement to backwages.

3.

The employee is reinstated on 05.10.2015. However, it is an admitted position that since July-2016, the employee is not receiving his salary although he is working. In this view of the matter, the respondent 1-employee is permitted to withdraw the entire amount deposited by the petitioner, since, irrespective of the adjudication on backwages, the amount withdrawn is significantly less than

2 ca1470.19.odt 2 the unpaid wages.

4.

Civil Application is allowed.

JUDGE RKN