The Divisional Controller, Msrtc Central Bus Depot, Kolhapur v. Subhash Mahadev Desai

k 1/2 903 wp 5980.19 as.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5980 OF 2019 The Divisional Controller, MSRTC Central Bus Depot, Kolhapur ....Petitioner V/S Subhash Mahadev Desai At Post Gargoti (Sonalee) Tal. Bhudargad, Kolhapur ....Respondent _________ Mr. Yashodeep P. Deshmukh a/w Ms. Vaidehi Pradeep and Ms. Aditi Athawale for the Petitioner.

Mr. Kedar P. Lad for Respondent.

__________ CORAM: SANDEEP V. MARNE, J.

DATE : 19 APRIL 2024.

P.C.:

Petition is placed on Board for speaking to the minutes of the judgment and order dated 13 February 2024. Actually what is sought is not any correction in the judgment and order, but a liberty to withdraw the amount of backwages deposited by the Petitioner in this Court. It appears that by order dated 26 February 2021, this Court granted stay to the impugned order subject to the Petitioner depositing a sum representing 30% of backwages payable to Respondent. It appears that an amount of Rs.6,39,845/- has been deposited by the Petitioner towards compliance with the said order. Now the katkam Page No.

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k 2/2 903 wp 5980.19 as.doc Writ Petition is allowed and the award passed by the Labour Court is set aside. The amount deposited by the Petitioner in this Court towards backwages is therefore liable to be refunded to Petitioner. Accordingly, the Petitioner shall be at liberty to withdrssaw the amount deposited in this Court alongwith accrued interest.

(SANDEEP V. MARNE, J.) katkam Page No.

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