IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2 OF 2008 IN WRIT PETITION NO.1985 OF 2007 Air-Corporation Employees’ Co-op.Bank Ltd. ...Petitioner Versus Narendra Balkrishna Pimputkar ...Respondent ...... Applicant/Respondent in-person. Mr.A.V.Bukhari with Mr.Burhan Bukhari for Petitioner. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. FEBRUARY 22, 2008. FEBRUARY 22, 2008. FEBRUARY 22, 2008. P.C. P.C. P.C. 1. Heard Respondent/Applicant in-person and Counsel for the Petitioner. 2. Ordinarily, I would have permitted the Applicant to withdraw the gratuity amount, however, I find force in the objection taken on behalf of the Petitioner that the Respondent cannot be permitted to aprobate and reprobate. Inasmuch as : 2 : on the one hand, the Respondent has already challenged the order of termination before the Competent Court which matter is still subjudice. In other words, the order of termination has not attained finality as such. 3. So long as there is no order of termination, the question of paying gratuity to the concerned employee does not arise. The Petitioner will be free to consider withdrawal in respect of challenge to the termination order pending before the competent Authority and then apply for withdrawal of the entire gratuity amount payable to him under the provisions of the Act and the Rules. In the circumstances, request of the Respondent to allow him to withdraw the amount will have to be rejected. 4. At the same time, it is ordered that the amount deposited by the Petitioner be invested in appropriate fixed deposit scheme in a Nationalised Bank to derive best interest returns which FDR be kept alive till the disposal of the Writ Petition or till such other order passed by this Court. : 3 : 5. Motion is disposed of on the above terms. 6. As the matter pertains to the claim of gratuity and as it involves short question, hearing of this Writ Petition is expedited to be pre-emptorily listed in the week commencing from 16th June 2008 as per its turn. A.M.KHANWILKAR, J.