Ashish Ramdas Bari vs Shram Sadhana Bombay Trust Ssbt College of Engineering and Technology and Ors. — Bombay HC (2025) — LawSathi Research

Ashish Ramdas Bari vs Shram Sadhana Bombay Trust Ssbt College of Engineering and Technology and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

The Applicant/Respondent is permitted to withdraw Rs.7,00,000/- from the amount deposited by the Petitioner, on furnishing a regular undertaking before the Registry (Judicial); the withdrawal is subject to the final outcome of the writ petition; the remaining amount is to be kept in fixed deposit; and the writ petition is fixed for final hearing on 15.12.2025.

Issue for consideration

Whether the Applicant/Respondent (Ashish Ramdas Bari) should be permitted to withdraw the amount deposited by the Petitioner pursuant to this Court's order dated 12.08.2025, and if so, whether in whole or in part. +1 more

Court's answer

Having regard to the subsisting stay (order dated 12.08.2025) conditioned on the Petitioner's deposit and to the Rs.1,00,000/- already received by the Applicant/Respondent in 2019, the Applicant/Respondent can be allowed to withdraw part — not the whole — of the amount deposited by the Petitioner.

Ratio / Principle

The Applicant/Respondent is permitted to withdraw Rs.7,00,000/- on furnishing a regular undertaking before the Registry (Judicial) of this Court; the withdrawal is expressly subject to the final outcome of the writ petition; the remaining deposited amount is to be placed in fixed deposit; and the writ petition is fixed for final hearing on 15.12.2025.

Key takeaways

The Court recorded a substantial divergence in the parties' back-wage computations — Rs.90,00,000/- and odd as calculated on behalf of the Respondent against Rs.11,38,390/- per the Petitioner/Management — informing its decision to allow only partial withdrawal.ratio¶¶31

Detailed headnote1 paragraphs

Ashish Ramdas Bari and Others v. Shram Sadhana Bombay Trust SSBT College of Engineering and Technology — High Court of Judicature at Bombay, Aurangabad Bench (Neeraj P. Dhote, J.; 24.11.2025): Civil Application No. 11357 of 2025 in Writ Petition No. 5320 of 2022 partly allowed. The Respondent in the writ petition sought withdrawal of the entire amount deposited by the Petitioner pursuant to the Court's order dated 12.08.2025, by which the effect and operation of the Tribunal's judgment and order directing reinstatement of the Applicant with full back-wages was stayed, subject to the Petitioner depositing Rs.10,00,000/- in this Court. Noting the wide gap between the parties' back-wage computations (Rs.90,00,000/- and odd as urged for the Respondent; Rs.11,38,390/- per the Management) and that Rs.1,00,000/- had already been received in 2019, the Court permitted withdrawal of Rs.7,00,000/- on furnishing a regular undertaking before the Registry (Judicial), expressly subject to the final outcome of the writ petition; the balance was ordered to be placed in fixed deposit and the writ petition was fixed for final hearing on 15.12.2025. The parties' entitlement dispute on back-wages remains open for final hearing.

1 of 3 21-CA.11357.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

21 CIVIL APPLICATION NO. 11357 OF 2025 IN WP/5320/2022

ASHISH RAMDAS BARI AND OTHERS

VERSUS

SHRAM SADHANA BOMBAY TRUST SSBT COLLEGE OF ENGINEERING AND TECHNOLOGY AND ORS

Mr. Azizoddin R. Syed, Advocate for Applicants; Mr. A. D. Wange, AGP for Respondent-State.

WITH

WRIT PETITION NO. 5320 OF 2022

SHRAM SADHANA BOMBAY TRUST SSBT COLLEGE OF ENGINEERING AND TECHNOLOGY AND ANOTHER

VERSUS

ASHISH RAMDAS BARI AND OTHERS

Mr. Parag V. Barde i/b. Mr. Ajay G. Talhar, Advocate for the Petitioner. Mr. A. D. Wange, AGP for Respondent-State.

Mr. Azizoddin R. Syed, Advocate for Respondent No.1.

Mr. Chaitanya V. Dharurkar, Advocate for Respondent Nos.3 and 4.

WITH

CIVIL APPLICATION NO. 8576 OF 2025 IN WP/5320/2022

ASHISH RAMDAS BARI

VERSUS

SHRAM SADHANA BOMBAY TRUST SSBT COLLEGE OF ENGINEERING AND TECHNOLOGY AND ORS

Mr. Azizoddin R. Syed, Advocate for Applicant;

Mr. A. D. Wange, AGP for Respondent-State.

Mr. Parag V. Barde i/b. Mr. Ajay G. Talhar, Advocate for the Petitioner in WP.

Mr. C. V. Dharurkar, Advocate for Respondents.

2 of 3 21-CA.11357.2025.odt

CORAM : NEERAJ P. DHOTE, J. DATE : 24^th NOVEMBER, 2025

P.C.:-

This is an application filed by the Respondent for withdrawal of the entire amount deposited by the Petitioner pursuant to the order dated 12.08.2025.

It is submitted by learned Advocate for the Petitioner that though the learned Tribunal has directed reinstatement of the Applicant with full back-wages, the said order is challenged by the Employer/Management and there is a stay operating in the writ petition. He submits that the Applicant/Respondent be permitted to withdraw the entire amount deposited by the Petitioner.

The application is opposed by the learned Advocate for the Petitioner. He submits that the management has challenged the judgment of learned Tribunal and they are disputing the entitlement of the Applicant/Respondent to receive the back-wages. He submits that the application be rejected.

According to learned Advocate for the Respondent, the calculation of back-wages goes upto Rs.90,00,000/- and some odd amount. According to the Petitioner/Management, the amount by back-wages comes to Rs.11,38,390/-. This shows that there is big difference between the calculations submitted by them.

3 of 3 21-CA.11357.2025.odt

There is no dispute that by order dated 12.08.2025, this Court has stayed the effect and operation of the impugned judgment and order of the College/Tribunal, subject to condition that the Petitioner shall deposit the amount of Rs.10,00,000/- in this Court.

There is no dispute that Applicant/Respondent had already received Rs.1,00,000/- in the year 2019.

Considering this aspect of the matter, in my view, the Applicant/Respondent can be allowed to withdraw the part of the amount deposited by the Petitioner.

Accordingly, the Applicant/Respondent is permitted to withdraw an amount of Rs.7,00,000/- on furnishing regular undertaking before the Registry (Judicial) of this Court. It is made clear that this withdrawal would be subject to the final outcome of the writ petition. The remaining amount be deposited in the fixed deposit. The writ petition be fixed for final hearing on 15.12.2025.

Civil Application No.11357 of 2025 is partly allowed.

(NEERAJ P. DHOTE, J.)

Tauseef