IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No.141 of 2008 in Writ Petition No.1868 of 2007 Voltas Limited ..Petitioner vs. Mr.Kishore R.Berde ..Respondent Mr.C.U.Singh, Sr.Counsel i/b M/s Haresh Mehtan and Co.for the petitioner. Mr.N.M.Ganguli for respondent. CORAM: S.C.DHARMADHIKARI CORAM: S.C.DHARMADHIKARI CORAM: S.C.DHARMADHIKARI J. J. J. 9th July 2008 9th July 2008 9th July 2008 P.C. P.C. P.C. 1. This is a notice of motion by respondent workman in effect seeking modification of the interim order of this Court. 2. The basis of the application is that the petitioner has challenged the order passed by the 2nd Labour Court in complaint (ULP) No.392 of 2006 which is confirmed by the Industrial Court. The order of the Labour Court is of reinstatement of the respondent with continuity and full back wages. That order has been stayed by this Court and Mr.Singh, learned Senior Counsel appearing for the petitioner states that a sum of Rs.3,18,700/- is deposited which constitute full back wages. 3. The matter was adjourned to enable the parties to arrive at some amicable solution. However, it is reported that the same is not possible. Considering the contents of the affidavit in support of motion, so also of the affidavit in reply filed on behalf of the original petitioner, I am of the opinion that any larger controversy need not be decided. Interest of justice would, therefore, suffice if the respondent/workman is permitted to withdraw 50% of the amount deposited in this Court upon furnishing such security to the satisfaction of the Prothonotary and Sr.Master as is permissible in law. 4. At this stage Mr.Ganguli submits that considering the financial position of the respondent and that he was originally appointed as a peon he would not be in a position to furnish any security in the form of Bank guarantee or that of any immovable property. 5. In the facts peculiar to this case, it is directed that the amount may be permitted to be withdrawn by respondent/workman on his filing an undertaking in this Court stating in clear terms that in case the petitioner succeeds he will bring back the entire amount which has been withdrawn by him and also comply with such terms as are imposed by this Court while passing the final order. 6. Balance sum upon withdrawal by the workman, if not already invested, shall be invested in fixed deposit with any Nationalised Bank initially for a period of 24 months and lateron to be renewed as per the orders and directions of this Court. 7. Notice of motion is disposed off. (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)