1 jpc/- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION O. 84 OF 2010 IN WRIT PETITION NO. 2153 OF 2009 NTC Limited,Western Region Unit New Hind Textile Mills .. Petitioner Versus Syed Mumtaz Mir .. Respondent Ms. Meena Doshi for the petitioner Mr. Ketan V. Joshi i/by Neeta Karnik for the Respondent CORAM : S. J. KATHAWALLA, J. DATE : 30th March, 2010 P.C.: 1. By this Notice of Motion, the Respondent worker has prayed that he be allowed to withdraw an amount of Rs.5,27,372/- deposited by the petitioner on 29th January, 2010 as per the order of this Court dated 8th January, 2010. 2. The Petitioner has filed the above Writ Petition impugning the order dated 24th August, 2009 passed by the Industrial court, Mumbai. By the said order, it is declared that the Petitioner has engaged in unfair labour practice under Items 5 and 9 of Schedule IV of the M.R.T.U. & P.U.L.P.Act, 1971 and the Petitioner is directed to pay the benefits of MVRS to the Respondent. 2 3. The above Writ Petition was admitted on 8th January, 2010 when the petitioner was directed to deposit in this Court the amount payable to the respondent under the impugned order, within a period of four weeks. The respondent was granted liberty to make an application seeking withdrawal of the amount deposited by the petitioner, which application if filed was directed to be decided on its own merits. 4. Pursuant to the said order, the Petitioner has deposited an amount of Rs.5,27,372/- with the Prothonotory & Senior Master of this Court. In the affidavit in support of the Notice of Motion, the Respondent has stated that he has been illegally terminated by the Petitioner since 2004, he is jobless and it is very difficult for him to maintain his family without any income. He has completed 55 years and getting new job at his age is not possible. He has submitted that he has rightful claim on the amount deposited by the Petitioner and he be allowed to withdraw the said amount to avoid further loss and hardship to him. 5. The Petitioner, National Textile Corporation (NTC) has filed its affidavit in reply to the Notice of Motion, dated 2nd March, 2010, opposing the above Notice of Motion. In Para-5 of the said affidavit, it is submitted on behalf of the Petitioner that "The present amount deposited in this Hon'ble Court cannot be allowed to be withdrawn without any security being furnished by the Respondent" . 6. The learned Advocate appearing for the Respondent, on instructions, submits that the Respondent shall arrange to furnish a Bank 3 guarantee of a Nationalised Bank to the tune of Rs.5,27,372/- as security. The learned Advocate appearing for the Petitioner has submitted that the Respondent is involved in his brother's business and he should not be allowed to withdraw the amount deposited by the Petitioner even if the Respondent secures the same by furnishing a Bank guarantee of a Nationalised Bank. 7. No particulars are provided as regards the respondent allegedly working for his brother. I therefore see no substance in the objection raised on behalf of the Petitioner and in my view the objection raised is unreasonable more so because the respondent has agreed to secure the entire amount by furnishing a Bank guarantee. The balance of convenience is in favour of the Respondent. 8. The Respondent is, therefore, allowed to withdraw the said sum Rs.5,27,372/- deposited by the Petitioner with the Prothonotory & Senior Master of this Court after furnishing of Bank guarantee of a Nationalised Bank in the like amount to the satisfaction of the Prothonotory and Senior Master. 9. The Notice of Motion is accordingly disposed of. (S. J. KATHAWALLA, J.)