1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 6682 OF 2009 IN WRIT PETITION NO. 4133 OF 1999 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : P.R. BORKAR.J. DATED : 05.09.2009 1. Adv. Shri G.N. Kulkarni for the applicants and Adv. Shri A.B. Dhongade for respondent are present. This application is for releasing the amount of gratuity and provident fund. The writ petition is filed for challenging the order passed by the Labour Court, as modified by the Industrial Court. As per directions of the Industrial Court, the respondent was directed to treat the services of the applicant as continuous service from the date of dismissal till his retirement i.e. from 20.12.1985 to 26.06.1994. The questions of reinstatement and backwages are held to be not arising. 2. Adv. Shri Dhongade stated that 2 there is dismissal and therefore there is stigma. Hence, the present applicant will not be in a position to get gratuity. Since that is an issue which needs consideration, on merit the same shall be decided at the time of deciding the writ petition. However, there is no justification for withholding the amount of provident fund payable to the applicant as heirs of deceased Umarkhan. 3. So, the provident fund amount shall immediately be paid to the applicants along with interest if any, that may have accrued. 4. Accordingly the Civil Application is disposed of. [P.R. BORKAR,J.] snk/2009/SEP09/ca6682.09