IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO.147 OF 2008 Dhariwal Industries Ltd. ... Appellant Vs Pune Zilla Mazdoor Sangh .. Respondent Mr. C.U. Singh, senior advocate with Mr. K.S. Bapat i/by Mr. A.D. Patwardhan for the appellant. Mr. S.M. Dharap with Ms. Anjali Helekar for the respondent. CORAM: SWATANTER KUMAR, C.J., & A.P. DESHPANDE , J. DATE : 23 RD JULY , 2008 P.C.: We have heard the learned counsel appearing for the parties. 2. The present appeal is directed against the order passed by the learned Single Judge on 7th July, 2008 vide which the court permitted the workmen to withdraw 50% of the amount deposited by the Management as per their statement made before the court as recorded in the said order. 3. The Industrial Court, Pune vide order dated 30th March, 2007 had directed the workmen to be reinstated and to pay them 50% of the wages for intervening period from the date of complaint till the date of order and 50% of the salary for remaining period of service in cash as compensation. This award was set aside by the learned Single Judge of this court when assailed in writ petition No.3249 of 2007 and the matter was remanded to the Industrial Court for proceeding with the matter in accordance with the directions issued by the High Court vide its order dated 13th August, 2007. The Industrial Court again granted relief to the workmen and while holding that the Management had adopted unfair labour practice, granted wages for the period from April, 2001 to 1st August, 2002 with costs. 4. This order was challenged in writ petition No.2954 of 2008 wherein interim order was issued by the learned Single Judge by order dated 7th July, 2008 as afore noticed and which is impugned in the present appeal. 5. As far as deposit of the amount is concerned, there is no challenge before us and the direction was given at the behest of the Management itself. The short question that falls for consideration in the present appeal is whether the direction to withdraw 50% of the deposited wages is unreasonable and so unfair that this court should interfere in appeal in exercise of the discretion of the learned Single Judge. 6. Having perused the record, we are of the considered view that the learned Single Judge has exercised the discretion vested in the court and the same is not opposed to in settled principles of law. On both the occasions, the Industrial Court had given the finding in favour of the workmen which, obviously, is subject matter of the writ petition to be examined on merits by the learned Single Judge. 7. The workmen can withdraw the 50% of the wages deposited in terms of order of the Tribunal and the learned Single Judge. However, they will furnish an undertaking to the court for restitution of the amount in the event they failed in the writ petition. We modify the directions further to the extent that every workmen shall be given his wages personally, however, in the presence of the Registrar of the Industrial Court, Pune where the representative of the Union will also be present but the money should be paid to the workmen individually. The undertaking should be filed in duplicate before the Registrar of the Industrial Court at Pune and other copy in the Registry of this court. 8. The appeal is, accordingly, disposed of with no order as to costs. CHIEF JUSTICE A.P. DESHPANDE J.