Suryakant Balkrishna Shinde vs Ghatge Patel Transport Ltd
2023 Latest Caselaw 1513 Bom

        Digitally
        signed by
        PRAJAKTA
PRAJAKTA SAGAR


                                                                          operative order in wp 739-16
SAGAR    VARTAK
VARTAK   Date:
        2023.02.14
        14:51:21
        +0530




                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE JURISDICTION
                                     WRIT PETITION NO. 739 OF 2016
              Suryakant Balkrishna Shinde                                 ..Petitioner
                           Vs.
              Ghatge Patil Transports Ltd.                                ...Respondent
                                                 __________
              Mr. R. D. Soni with Mr. V. R. Kasale i/b. Ram & Company for Petitioner.
              Mr. Kunal Bhanage for Respondent.
                                              __________
                                          CORAM :           G.S. KULKARNI, J.
                                          DATE :            FEBRUARY 14, 2023

              P.C. :-

              1.        As the transcribing of the oral judgment dictated in the open
              Court shall take some time, the operative part of the order disposing of
              the petition is being furnished to the parties. This more particularly
              considering serious prejudice and plight of the petitioner who has been
              deprived of pensionary benefits from the year 2014 and in the peculiar
              facts, his need to receive the amounts as deposited in this Court.

              2.        The operative order passed on the petition is as under:-


                                                    ORDER

i. The petitioner is permitted to withdraw an amount of Rs.11,47,744/- (Rs. Eleven Lakhs Forty Seven Thousand Seven Hundred Forty Four only) as deposited by the respondents in this Court on furnishing undertaking that in the event the amounts are in excess as directed by the competent Court, the excess amount shall be refunded to the respondent.

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ii. Respondent shall furnish to the petitioner within a period of six weeks from today the entire calculations of the "pensionary benefits" and the "other legal dues" as payable to the petitioner with effect from the impugned award dated 12 March, 2014 passed by the Labour Court.

iii. In the event any dispute arises in regard to the calculations of the amount as may be furnished by the respondents, all remedies and contentions of the parties in that regard are expressly kept open.

iv. Office shall permit the petitioner to withdraw the amount of Rs.11,47,744/- as deposited by the respondents.

v. Parties to act on an authenticated copy of this order.

[G.S. KULKARNI, J.]

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