1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 4824 OF 2009. ( MSRTC Nagpur -: versus :- Girjabai T. Padole and another ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : DECEMBER 17, 2009. Heard finally by consent of Shri R.S. Charpe, learned counsel for petitioner and Shri S.N. Dandekar, learned counsel for respondents. Shri Charpe, learned counsel states that the deceased was at the most entitle to amount of Rs.38,638/- and the quantum fixed by the Labour Court is incorrect. He further states that, because petitioner could not lead any evidence, the correct position could not be pointed out to the Court. Shri Dandekar, learned counsel for respondents, states that twice opportunity was given to the petitioner and as they failed, ultimately the impugned order came to be passed. As per orders of this Court the petitioner – employer has deposited amount of Rs. 1,57,143/- with the Registry of this Court. Considering the nature of controversy, 2 I find it appropriate to give petitioner an opportunity to lead evidence. At this stage, Shri Dandekar, learned counsel states that for the first time a specific amount has been disclosed as due to the deceased, and hence amendment to pleadings may be necessary. In the circumstances, the impugned order dated 31.03.2009 passed by the 2nd Labour Court, Nagpur in IDA No.80/2006 is quashed and set aside, and the said proceedings are restored back to the file of 2nd Labour Court, Nagpur for expeditious disposal. Parties are at liberty to amend their pleadings. The said Court shall attempt to decide the matter as early as possible and in any case by 31.03.2010. The liberty given to the petitioner is subject to payment of Rs. 2000/- by petitioner to the respondents by 11.01.2010. Parties shall appear before that Court on 11.01.2010 and shall abide by its further directions in the matter. The amount in deposit with the Registry of this Court shall be allowed to be withdrawn by the party succeeding before the Labour Court, after appropriate application in that respect. The said amount be deposited in any fixed deposit for a period upto 31.03.2010. Writ Petition is accordingly allowed in the aforesaid terms. Rule accordingly. No costs. JUDGE Rgd.