1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 9914 OF 2009 IN WRIT PETITION NO. 4327 OF 2008 ----------------------------------------------------------------- Office Notes, Office Memoranda of | Coram, appearances, Court’s orders | Court’s or Judge’s or directions and Registrar’s | orders orders | ----------------------------------------------------------------- Mr. Pradeep Shahane, Adv. for applicant. Mrs. R.D. Reddy, Adv. for R-1. Mr. N.B. Patil, A.G.P. for R-2. CORAM : K.K. TATED, J. DATE : 24TH SEPTEMBER, 2009 1. Heard learned Counsel for the applicant, learned Counsel for respondent No.1 and learned A.G.P. for respondent No. 2. 2. Present Civil Application is preferred by original respondent No. 1 seeking permission to withdraw sum of Rs.91,240/- from the office of Deputy Commissioner of Labour at Aurangabad i.e. Appellate Authority under the Payment of Gratuity Act, 1972 deposited 2 by respondent No. 1. 3. It is the case of the applicant that controlling authority, Aurangabad under Payment of Gratuity Act, 1972 passed order dated 16-05-2006 holding that the applicant is entitled to a sum of Rs.91240/- alongwith interest @ 10% p.a. from 01-06-2006. Against the said order, respondent No.1 preferred P.G.A. Appeal No. 4/2006 before the Deputy Commissioner of Labour, Appellate Authority under Payment of Gratuity Act, 1972. Said appeal came to be dismissed on 17-05-2008. Being aggrieved by the said order dated 17-05-2008, the respondent No. 1 preferred present Writ Petition in this Court on 17-07-2008 and same came to be admitted on 02-09-2009. At that time, this Court granted liberty to the applicant to file appropriate application for withdrawal of the amount. Learned Counsel appearing on behalf of respondent No. 1 tendered 3 affidavit in reply to oppose the present Civil Application. Same is taken on record. It is the case of the respondent No.1 that the applicant have already received Rs.1,01,942/- towards gratuity, which amount received by the applicant is more than amount payable to him. Learned Counsel appearing on behalf of respondent No.1 also relied on the judgment in the matter of Pune District Central Co-operative Bank Ltd. vs. Shivajirao Dinkarrao Jadhavrao and others, reported in 2004(4) Mh.L.J. 859. Head Note of the said judgment reads as under. "Payment of Gratuity Act (39 of 1972 prior to amendment by Act 11 of 1998 which came into force on 24-09-1997), S.4 and Pune District Central Co- operative Bank Limited Employees' Group Gratuity cum Life Insurance Scheme introduced with effect from 1-4-1997- Respondent workman employed as grade 1 officer with petitioner-bank retired on 28-2-1997 and was paid gratuity of Rs.1,00,000/- as due on 18-3-1997 - 4 Introduction of Group Gratuity Scheme by petitioner Bank on 1-4-1997 providing for gratuity in excess of Rs. 1,00,000/- - Respondent- workman who retired before 1-4-1997 not entitled to gratuity under the scheme - Controlling authority was in error to grant gratuity to respondent-workman under the Group Gratuity Scheme." 4. Considering the facts and circumstances in the present case and authority cited by the learned Counsel appearing on behalf of respondent No.1, in my opinion, in the interest of justice, it is necessary to allow the applicant to withdraw the amount deposited by the respondent No.1 by furnishing solvent surety except bank guarantee, to the satisfaction of the office of Deputy Commissioner of Labour, Aurangabad. 5. Considering these facts, Civil Application is allowed. The applicant is permitted to withdraw the amount of Rs. 91,240/- from the office of Dy. 5 Commissioner of Labour at Aurangabad i.e. the Appellate Authority under the Payment of Gratuity Act, 1972 by furnishing solvent surety (except bank guarantee) to the satisfaction of the Deputy Commissioner of Labour at Aurangabad. [ K.K. TATED, J.] sut/SEP09/ca9914.09