1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO. 12961 OF 2010 IN WRIT PETITION NO. 4900 OF 2005 Suresh s/o Madhukarrao Gaikwad .. APPLICANT VERSUS The Divisional Controller .. RESPONDENT Mr. V.D. Patnoorkar, advocate for the applicant. ===== CORAM : R. M. BORDE, J. DATE : 8 th OCTOBER, 2010. PER COURT : 1 This is an application for withdrawal of amount of Rs.72077/- deposited by respondent / petitioner in this court. The amount receivable by the employee is towards the monetary claim to which the applicant is held entitled in view of order passed by the Labour Court, Aurangabad on 15-12-2004. It is contended by the applicant that he is suffering from some 2 heart ailment and needs money for taking medical treatment. 2 Application is opposed by respondent contending that part of the amount has already been permitted to be withdrawn by the applicant / employee. The medical certificate relied upon by the employee is not genuine as the same was relied upon by him while he tendered earlier application. However, ailment suffered by the applicant is not disputed. It is the contention of the applicant that because of paucity of funds he could not undergo medical treatment as advised by the doctor at the relevant time. Even otherwise also, the claim of the employee is in respect of monetary benefits receivable by him. It is the contention of the employee that he has worked over time and has not been paid wages in accordance with the regulations and as such, the learned Judge of the Labour Court has considered his monetary claim and allowed the same. 3 Taking into consideration the ground stated in the application i.e. requirement of funds for taking medical treatment, I deem it appropriate to allow the applicant to withdraw the amount subject to furnishing solvent security to the satisfaction of the Registrar (Judl.). Application is allowed in terms of prayer clause ‘B’. Applicant is permitted to withdraw the amount of 3 Rs.72,077/- deposited by the petitioner / respondent in the applicant in this court, on applicant’s furnishing solvent security to the satisfaction of the Registrar (Judl.) Applicant stands disposed of. ( R. M. BORDE, J.) dyb/office/ca12961.10.odt