1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 3769 OF 2009 (M.S.R.T.C., Buldhana vs. Manikrao Bhaskarrao Deshmukh & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. JULY 09, 2010. Heard Shri Wankhede, learned counsel for the petitioner, Shri Rajurkar, learned counsel for respondent No. 1 and Mrs. Wasnik, learned AGP for respondents No. 2 & 3. Shri Wankhede and Shri Rajurkar, learned counsel invited attention to earlier orders dated 23.04.2010 passed by me in Writ Petition No. 461 of 2010 and state that same course of action needs to be followed in this matter also. In view of the joint request, the impugned orders dated 16.04.2009 and 18.09.2008 are quashed and set aside and the proceedings under Section 7 of Payment of Gratuity Act, are restored back to the file of Respondent No. 3 for taking fresh decision in accordance with law. The petitioner – employer may point out the agreement between Respondent No. 1 and the Cooperative Bank, if any, in this respect. The parties shall appear before Respondent No. 3 – Controlling Authority under the Payment of 2 Gratuity Act, on 26th July 2010 and shall abide of his further directions in the matter. Writ Petition is accordingly allowed. However, there shall be no order as to costs. The amount deposited by the petitioner in appeal before Respondent No. 2 shall be returned to the petitioner with a condition that if the application moved by Respondent No. 1 is again allowed, they shall re- deposit the amount then found due to him. JUDGE *GS.