1 dgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1799 OF 2008 IN APPEAL NO.727 OF 2007 IN WRIT PETITION NO.2543 OF 2005 The Director/Manager, Jalan Dyeing & Bleaching Mills. Appellants vs. Shridhar Krishna More & anr. Respondents Mfr.Kiran Bapat i/b.Mr.Jayesh Desai for the Appellants. Mr.Vinod Shetty for the Respondents. CORAM : S.B.MHASE & R.V. MORE,JJ. DATED : 17th September, 2008 P.C. Heard. 2. The Appellants have deposited the amount of Rs.75,000/- in Writ Petition No.2543/2005 and Rs.1,04,000/- in Appeal No.727/2007 in view of the directions of this Court in the order dated 1.4.2008. In the order dated 1.4.2008 passed in Notice of Motion No.4149/2007, the Court has further directed that "Unless an application for withdrawal of the amount is filed by the workman within six weeks from today, the amount so deposited shall be invested in any nationalised bank and shall be kept invested till the 2 disposal of the appeal.". In view of these directions, the respondent-workman has filed Notice of Motion No.1799/2008 for withdrawal of the amount within a stipulated period. 3. It appears that by wrongly interpreting the order dated 1.4.2008 the amount was disbursed to the respondent. However, when it was found out that the amount has been disbursed without the orders of the court, we pointed out the fact to the learned counsel for the respondent and the learned counsel for the respondent has fairly redeposited the amount along with interest on 12.09.2008 by cheque. The Prothonotary & Senior Master has reported that the said cheque has been cleared by the clearing house and, therefore, the amount is available. 4. We heard the matter on merits. We find that the controversy is as to whether the respondent-workman has left the services voluntarily and/or whether he was removed by the employer by oral termination order. However, there is a finding of fact by the Industrial Court against the Appellant. Under these circumstances, we find it appropriate to release the amount in favour of the respondent, however, on execution of a solvent surety to the satisfaction of the Prothonotary & Senior Master. The amount be released in favour of the 3 respondent and the Respondent shall file an undertaking that in case the Appeal is allowed, the Respondent will redeposit the said amount with interest. However, it is directed that the Prothonotary & Senior Master shall issue a cheque in the name of the Advocate for the respondent. 5. Notice of Motion stands disposed of accordingly. [R.V.MORE,J.] [R.V.MORE,J.] [R.V.MORE,J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.]