Montfort Senior Secondary School, Nagpur Through Principal v. Mrs. Madhuri W/O Ramaji Bode

1 caw1436.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (W) NO.1436 OF 2017 IN WRIT PETITION NO. 7080 OF 2016 (Montfort Senior Secondary School, Ashokvan Gavasi Manapur, Nagpur...VS...Smt. Vanita Pandurang Deshmukh) WITH CIVIL APPLICATION (W) NO. 1375 OF 2017 IN WRIT PETITION NO. 7078 OF 2016 (Montfort Senior Secondary School, Nagpur...VS...Archana Vinod Patil) WITH CIVIL APPLICATION (W) NO. 1376 OF 2017 IN WRIT PETITION NO. 7079 OF 2016 (Montfort Senior Secondary School, Nagpur...VS...Smt. Madhuri w/o Ramaji Bode) WITH CIVIL APPLICATION (W) NO. 1398 OF 2017 IN WRIT PETITION NO. 7081 OF 2016 (Montfort Senior Secondary School, Nagpur...VS...

Kavita w/o Chintaman Bhongare) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Miss.Gauri Venkatraman,Advocate for Respondent.(In all petitions) CORAM : S.C.GUPTE, J.

DATED : 27 th SEPTEMBER , 2017.

COMMON ORDER.

01] Heard learned counsel for the parties.

02] These civil applications are preferred in pending writ petitions for withdrawal of back wages deposited by the

2 caw1436.17 petitioner in the Industrial Court. The challenge in the present petitions pertains to orders of reinstatement with back wages passed by the Labour Court on complaints of unfair labour practice. These orders have been confirmed in revision by the Industrial Court. When this Court issued notice in these writ petitions and granted interim stay, such relief pertained only to the extent the impugned orders directed reinstatement of the respective respondents. As far as payment of back wages is concerned, there was clearly no stay. The respondent workmen have, accordingly, applied for withdrawal of back wages deposited in the Court in pursuance of an order passed earlier by this Court. There is no reason why withdrawal of wages should not be permitted, in the premises. 03] Accordingly, all civil applications are allowed. The Industrial Court shall permit withdrawals against furnishing of appropriate undertakings by the respective respondents.

04] All parties to act on a copy of this order duly authenticated by the Sheristedar of the Court. JUDGE PBP