(1) CA2442.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD C.A.2442 OF 2011 IN WRIT PETITION NO.157 OF 2003 Madhukar S/o Narayan Chopade APPLICANT VERSUS Managing Director, Forest Development Corporation and anr. RESPONDENTS ..... Mr. V.Y. Patil, Advocate for the Applicant. Mr. Pradeep Shahane, Advocate for the Respondents. ..... CORAM : B.P. DHARMADHIKARI, J. DATED : 4TH MARCH, 2011 ORAL ORDER:- 1. Heard Advocate Shri Patil for applicant- original respondent and Shri Shahane for original petitioner/non-applicant. 2. Industrial Court in U.L.P. complaint filed by applicant found them entitled to regularization from 1975 and directed his fixation to be done accordingly. That direction has been questioned before this Court and Petition has been admitted. Shri Patil states that during pendency of Petition, applicant has retired on reaching the age of super- (2) CA2442.2011 annuation and hence he is entitled to be paid leave encashment amount, pension and other terminal benefits. He also states that if ultimately Petition is dismissed the applicant will refund the said amount to his employer and the applicant shall file an undertaking to that effect in this Court. Shri Shahane for petitioner-employer points out that after refusal of stay, some amounts have been paid over to applicant and hence there is no question of effecting any other payment. 3. I find that interest of justice can be met with by directing non-applicant i.e. petitioner- employer to pay the employee the amount of leave encashment and pension provisionally as if he was rightly regularized from 1978 as per their defence in Writ Petition. If the Petition is ultimately dismissed, the balance amount worked out proportionately from 1975 to 1978 can be made over to applicant-employee. 4. Hence without prejudice to their contentions, if amounts of leave encashment, pension and other retirement benefits are still not paid to (3) CA2442.2011 applicant-employee, the petitioner-employer shall release the same within period of eight weeks from today by treating him as regularized provisionally from 1978. Such payment shall not prejudice any of the contentions and defences available to applicant- employee. Application is accordingly partly allowed to that extent. C.A. disposed of. Sd/- [B.P. DHARMADHIKARI, J.] arp