1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.4112 OF 2008 Gokhale Institute of Politics and Economics. ...Petitioner. Vs. Ashwini Ashish Joglekar & Anr. ...Respondents. .... Mr. K.S. Bapat with Mr.Jayesh Desai i/b. Desai & Desai Associates for the Petitioner. Mr. C. U. Singh, Senior Advocate Mr.Shailesh S. Pathak for Respondent No.1. ..... CORAM :DR.D.Y.CHANDRACHUD, J. June 19 , 2008. P.C.: These proceedings arise out of an interim order dated 3rd May 2008 passed by the Industrial Court, Pune. During the course of the hearing of the Petition, Counsel appearing on behalf of the Petitioner and Counsel appearing for the First Respondent have on instructions of the respective parties agreed to a workable arrangement, pending the hearing and final disposal of the complaint before the Industrial Court without the expression of any opinion by 2 this court on the merits of the rival contentions of the parties which await trial in the complaint: (i) On behalf of the Petitioner, it has been stated before the Court that the contractual term of the First Respondent is due to expire on 27th September 2009 and that until the aforesaid date, the Petitioner shall not interfere with or disturb the services of the First Respondent; (ii) The Petitioner shall, commencing from the month of June 2008, deposit in a separate Bank Account, the difference between the emoluments payable to the First Respondent under the contractual appointment and the emoluments to which the First Respondent would have been eligible in pursuance of the confirmation of her services. The aforesaid amount shall preferably be maintained in a Recurring Account so as to carry interest at the usual rate until the final result of the Industrial Court; (iii) In the meantime, until the complaint is disposed of and for a 3 period of four weeks thereafter, the Petitioner shall not make any recovery from the emoluments payable to the First Respondent on account of any excess payment made prior to the date of this order. The issue of recovery, if any, shall again abide by the final result of the complaint; (iv) The Industrial Court is requested to expedite the disposal of the complaint and endeavour to do so by 31st December 2008; (v) In the event that the Industrial Court holds that the First Respondent is entitled to the payment of the amount which is directed to be maintained in a separate Bank Account, the First Respondent shall not take any steps to withdraw the amount for a period of four week from the date of the order of the Industrial Court; (vi) There shall be an order in the aforesaid terms which shall be in substitution to the directions issued by the Industrial Court; 4 (vii) All observations contained in the order of the Industrial Court are confined to the disposal of the application for interim relief. The petition shall accordingly stand disposed of. .....