CAW/2977/2010 : 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2977 OF 2010 IN WRIT PETITION NO.3440 OF 2010 Popat Murlidhar Patil ... Applicant V/s. Bosch Ltd. ... Respondent Ms.Bhavana Mhatre for Applicant Mr.Vinod Tayde for Respondent CORAM: SMT.NISHITA MHATRE, J. DATED: DECEMBER 10, 2010 P.C.: 1. The civil application has been filed for permission to withdraw the amount deposited in this Court by the Company, without security. The applicant has submitted that he would be able to give an undertaking to bring the money back in case he fails in the petition. 2. In my opinion, such a relief cannot be granted to the applicant. However, admittedly, he would be entitled to Provident Fund dues which amount to Rs.53,339/- according to the company upto the date of his dismissal i.e. upto 12.3.1988. It appears that he would also be entitled to Rs.14,407/- as gratuity. However, according to the learned advocate for the company since the allegation against the workman is of sabotaging the compressor the gratuity amount can be forfeited. Admittedly, no CAW/2977/2010 : 2 : order has been passed so far by the Company forfeiting his gratuity. 3. In these circumstances, the civil application is disposed of with the following order: The workman i.e. the applicant is permitted to withdraw Rs.67,746/- from the amount which has been deposited in this Court by the employer without any security. This payment will be made and the workman will accept the same without prejudice to the rights and contentions of the parties in the petition. *****