1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO.4094 OF 2009 IN WRIT PETITION NO.5005 OF 2000 Mansing s/o Parashram Patil ... APPLICANT VERSUS The Managing Director, Jalgaon Zilla Krushi Audyogik Sarva Seva Sahakari Society ... RESPONDENT ..... Shri V.Y. Patil, Advocate for the applicant Shri L.V. Sangit, Advocate holding for Shri V.J. Dixit, Senior Counsel for the respondent ..... CORAM : SHRIHARI P. DAVARE, J. DATED : 18TH JULY, 2009. ORAL ORDER : 1. Perused. Heard learned respective counsel for the parties. 2. The applicant has preferred the present application, requesting to permit the applicant herein to withdraw the amount which is deposited by the respondent in this Court. 3. The applicant contends that, he had filed Complaint (ULP) No. 3/1992 before the Labour Court under the Maharashtra Recognition of 2 Trade Unions and Prevention of Unfair Labour Practices Act, challenging his termination from service by non-applicant on 24.10.1991. Accordingly, the Labour Court directed the non applicant to pay all the back wages from the date of dismissal till the date of last drawn wages of the complainant in view of reinstatement in service, vide order passed on 11.12.1996. 4. The applicant submits that the said order dated 11.12.1996 was challenged before the Industrial Court under Section 44 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act. However, the learned Industrial Court rejected the said Revision Application (ULP) No.334/1999 filed by the employer i.e. non-applicant herein on 23.2.2000. 5. Being dissatisfied and aggrieved by the said order, the non applicant preferred Writ Petition No.5005/2000 before this Court and while admitting the said Writ Petition, this Court directed the non applicant herein to deposit the entire amount of back wages and salary vide order passed on 31.7.2001. 6. Accordingly, the applicant submits that, the non-applicant herein has deposited an amount of Rs.1,08,643/- in this Court. By Civil Application No.3195/2002 preferred by the applicant herein earlier, withdrawal of amount of Rs.50,000/- was permitted by this Court. Now remaining amount of Rs.58,643/- is lying in this Court in fixed deposit. 3 7. On the aforesaid background, the applicant submits that he had undergone operation of waist recently and has incurred heavy expenses therefor to the tune of Rs.1,00,000/ and, therefore, he urgently needs the balance amount of Rs.58,643/-, which is lying in the Court and interest accrued thereon. Hence, the applicant has preferred the present application for the prayers as set out therein. 8. Shri Sangit, learned counsel for the non-applicant opposed the present application vehemently and submitted that the amount of Rs.50,000/- has been already withdrawn by the applicant herein and hardly amount of Rs.58,643/- is lying in this Court and if the non applicant succeeds in the present writ Petition, it will be difficult to recover the said amount from the applicant herein and, therefore, Shri Sangit submitted that either the present application be dismissed or at the most, Writ Petition No.5005/2000 be fixed for final hearing. 9. Considering the rival submissions, the balance amount of Rs.58,643/- is reportedly kept in the fixed deposit and, therefore, interest is being accrued thereon and hence, it is apparent that either party which succeeds in the present Writ Petition would be thereby benefited. 10. Apart from that, the amount of Rs.50,000/- has been already withdrawn by the applicant vide order passed in Civil Application No.3195/2002 and, therefore, the interest of justice requires that the said balance amount of Rs.58,643/- be retained in the Fixed Deposit itself to 4 safeguard the interest of either party which succeeds in the Writ Petition. 11. Considering the old age and operation performed upon the applicant as contended by him and also considering the resistance of the learned counsel for non-applicant for withdrawing the balance amount, I am of the view that Writ Petition No.5005/2000 itself be fixed for final hearing since it is riped for final hearing, instead of allowing the present application and permitting the applicant to withdraw the balance amount, and accordingly, I proceed to pass the following order : O R D E R In the result, it is directed that Writ Petition No.5005/2000 be fixed for final hearing on 29th September 2009 at 2.30 p.m. Present Civil Application stands disposed of accordingly. (SHRIHARI P. DAVARE, J.) fmp/ca4094.09