[1] IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.388 OF 2008 IN APPEAL NO.245 OF 2001 IN WRIT PETITION NO.471 OF 1999 M/s. Consolidated Pneumatic Tools Company (India) Limited .... Appellant Vs. The President, The Association of Engineering Workers & Ors. .... Respondents Sri P.C. Pavaskar for the Appellant. Sri N.M. Ganguli for the Respondent No.1. CORAM: CORAM: CORAM: SRI R.M.S. KHANDEPARKAR & SRI P.B. MAJMUDAR, JJ. DATED: DATED: DATED: JUNE 27, 2008 P.C: P.C: P.C: Heard. Undisputedly, the complaint under the MRTU & PULP Act, 1971 is pending before the Industrial Court at the instance of the respondent No.1 herein and the same is registered as Complaint (ULP) No.274 of 2001. The amount which now the respondent seeks to withdraw was deposited towards the claim of backwages of the respondent. However, it is the case of the appellant that there are some statutory dues to be deducted therefrom before the amount is made available to the respondent. Certainly all these issues can be decided by the Industrial Court in exercise of powers [2] under Section 33-C of the Industrial Disputes Act, 1947. The Industrial Court is directed to treat this order itself as direction for initiating proceedings under Section 33-C of the Industrial Disputes Act in relation to Rs.5,92,474/- which was deposited in this Court in Appeal No.245 of 2001. On receipt of the necessary order in that regard from the Industrial Court, the Registry shall disburse the said amount in accordance thereto. The notice of motion stands disposed of. (P.B.Majmudar, J.) (R.M.S.Khandeparkar, J.) sjs/J8nm388.8 sjs/J8nm388.8 sjs/J8nm388.8