-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.1634 OF 2007 APPLICATION NO.1634 OF 2007 APPLICATION NO.1634 OF 2007 IN IN IN SECOND SECOND SECOND APPEAL NO.563 OF 1999 APPEAL NO.563 OF 1999 APPEAL NO.563 OF 1999 Head Master & another ...Appellants vs. Haribhau Anna Shinde and anr. ...Respondents And Haribhau Anna Shinde ...Applicant Mr.Asif I. Patel for the Applicants. Mr.G.H.Keluskar h/f Mr.N.V.Walawalkar for the Respondent CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : MARCH 18, 2008. : MARCH 18, 2008. : MARCH 18, 2008. P.C.: P.C.: P.C.: 1. Heard Advocates for the parties. Affidavit of one Shri Bapusaheb P. Dhole on behalf of the first Respondent is taken on record. In the said affidavit it is disclosed that the first Respondent is getting pension from January 2004. It is stated that the first Respondent has been given benefit of gratuity on the basis of period of service till 30th June 1993. 2. Considering the controversy invovled, prayers (a) and (b) cannot be granted at this stage. The additional affidavit filed today takes suffucient care of prayer (c). In case of non payment of any other retirement dues, it will be open for the first Respondent to take out appropriate proceedings in that behalf. 3. Subject to what is stated above, application is disposed of. -2- JUDGE JUDGE JUDGE