: 1 : 16-9-6488-10.sxw spb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6488 OF 2010 Jagdish Vishandas Gursahani .. Petitioner. V/s. 1. Air India Limited & Anr. .. Respondents. --- Mr. Jagdish V. Gursahani in person, present. Mr. Joy Deb Saha, C.A. For the Petitioner. --- CORAM : B.H. MARLAPALLE AND N.D. DESHPANDE, JJ. DATE : 16th SEPTEMBER,2010. P.C. : 1 We have heard Mr. Jagdish V. Gursahani, the Petitioner, party in- person. We have also perused the order passed by the Division Bench of this Court on 14.08.2007 in Notice of Motion No. 3295 of 2004 as well as the order dated 3rd March, 2009 passed in Contempt Petition No. 65 of 2008. The petitioner states that he has, after the contempt petition was dismissed, collected the cheques and has received an amount of Rs. One lac. The Petitioner claims that he is yet to receive the legal dues from his employer i.e. Air India Limited. However, the letter dated 10.06.2008 addressed by the Air India Ltd. to the petitioner indicates that the final settlement of the P. F. and gratuity : 2 : 16-9-6488-10.sxw dues of the petitioner has also been done. Thus there is a dispute regarding the legal dues claimed by the petitioner and therefore, the same cannot be gone into in this petition filed under Article 226 and 227 of the Constitution of India. The petitioner’s remedy would be to file an application under section 33 C (2) of the Industrial Disputes Act, 1947. 2 The Petitioner, therefore, seeks leave to withdraw the petition with liberty to initiate appropriate proceedings under the Industrial Disputes Act, 1947. Leave granted and the petition is disposed off as withdrawn with liberty as is available in law. We make it clear that we have not gone into the merits of the petitioner’s claim. (N.D. DESHPANDE,J.) (B.H.MARLAPALLE, J.)