Rajendra S/O Dwarkanath Bakre v. Asstt. Labour Commissioner (Central), Nagpur

024:BHC-NAG:5-DB 1 caw98.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION NO. 98 OF 2024 IN WRIT PETITION NO. 1838 OF 2018 (D) ( Rajendra s/o Dwarkanath Bakre ..vs.. Assistant Labour Commissioner (Centra), Nagpur and another ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Rajendra Bakre-petitioner in-person, Mr. A.T. Purohit, Counsel for respondent No.2. CORAM : NITIN W. SAMBRE & ABHAY J. MANTRI , J J .

DATED : 16-01-2024 In compliance with the order of this Court dated 30-1-2023 delivered in Writ Petition No.1838/2018 the respondent-employer has already deposited the amount. 2.

The petitioner as such is granted permission to withdraw the entire amount including interest accrued thereon, if any, on furnishing of undertaking that in case the review petition of the respondent-employer is allowed, the amount shall be redeposited as shall be directed by this Court.

3.

The application stands allowed in above terms. Civil Application No. 923/2023 As far as the contempt proceedings are concerned, we deem it appropriate to direct the petitioner to submit

2 caw98.24 the detailed calculations to the respondents, particularly respondent No.2 through his counsel within a period of one week from today. Respondent No.2 accordingly shall consider the said calculations so as to find out whether the amount paid is short as has been claimed by the petitioner and if so, shall deposit the balance amount in this Court within a period of three weeks thereafter. 2.

In case respondent No.2 does not agree with the calculations given by the petitioner, the respondents are permitted to place on record the calculations on affidavit clarifying the point of difference on which respondent No.2 is not agreeing with the calculations given by the petitioner.

3.

Let the aforesaid exercise be completed within a period of four weeks from today.

4.

Stand over to 13-2-2024.

(ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.) adgokar