1 Spb/- IN THE HIGH COURT JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL SIDE JURISDICTION APPEAL NO. 787 OF 2004 IN WRIT PETITION NO. 1029 OF 2002 Mahindra and Mahindra Ltd., .. Appellant. V/s. Shri Sharad Laxman Dalvi & Anr. .. Respondents. --- Mr. J.P. Cama, Sr. Advocate, with R. N. Shah & Ms. Dipika Borade for the Appellant. Ms. Gayatri Singh for the Respondents. --- CORAM: D.K.DESHMUKH AND V.R.KINGAONKAR,JJ. DATED: 31st MARCH, 2010 P.C.: 1. Heard the learned counsel for both the sides. By consent of the parties, the Appeal is disposed of on the following terms : i. The orders impugned in the Appeal are set aside. 2 ii. It is directed that Respondent-Sharad Laxman Dalvi shall be treated as a permanent Mazdoor with effect from July, 1980 and he shall be paid all benefits to which he would be entitled on that footing within a period of four weeks from today and he shall be treated as Assembler from 01.05.1988. iii. Within the period of six weeks from today the appellant shall calculate the amount, if any, to which the respondent becomes entitled pursuant to this order and supply copy thereof to respondent- Sharad Laxman Dalvi. iv. The respondent shall be at liberty to adopt such remedy as may be available to him in law if he is aggrieved by the calculation of the amount by the appellant. v. By order dated 17th January, 2005 the appellant was directed to deposit monetary benefits in this court which the respondent was 3 permitted to withdraw on filing an undertaking to bring back the amount. We have been informed that pursuant to the said order, the appellant had deposited the amount and the respondent had withdrawn the amount. Therefore, the respondent shall re-deposit the amount, if any, after receiving the details of the calculation from the applicants, as aforesaid, subject to his right as aforesaid, to adopt such remedy as may be available to him in law within a period of six weeks from the date of intimation of the calculation. Vi. If any amount is re-deposited by the respondent, pursuant to this order, that deposit shall be made with due intimation to the appellant and on the amount being deposited, the appellant shall be permitted to withdraw the same. (D.K.DESHMUKH,J.) (V.R.KINGAONKAR,J.)