( 1 ) BY order dated 19. 3. 2004, this Court had issued rule and granted ad interim relief to the extent that the respondent shall not be allowed to withdraw the amount of gratuity deposited by the petitioner. The respondent herein has filed Civil Application No. 4594 of 2004 for vacating the ex-parte stay granted by this Curt on 19. 3. 2004. The learned advocates appearing for the parties have requested me that instead of deciding the civil Application for vacating the interim relief, the main matter itself can be disposed of since the arguments to be advanced by both the sides for vacating/confirming the interim relief would be the same to be made in the main Special Civil Application. In view of the request of the learned advocates for the parties, the petition is heard and is being disposed of finally.

( 2 ) AT the outset, brief facts necessary to appreciate the controversy involved can be stated. The respondent herein was working with the petitioner, Union bank of India, as a Daftari. It is the case of the petitioner that on 8. 4. 96 when the respondent was discharging his duties as Daftari Peon at Bhavnagar, the respondent had accompanied one Shri Bhatt, Head