=1= IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION APPEAL APPEAL APPEAL NO.904 NO.904 NO.904 OF 2002 OF 2002 OF 2002 WITH WITH WITH CROSS CROSS CROSS OBJECTION OBJECTION OBJECTION / APPEAL (L) NO.9 OF 2002 / APPEAL (L) NO.9 OF 2002 / APPEAL (L) NO.9 OF 2002 IN IN IN WRIT WRIT WRIT PETITION PETITION PETITION NO.728 OF 1998 NO.728 OF 1998 NO.728 OF 1998 Indian Express Newspapers (Bombay) Ltd. ...Appellants v/s Chandrakant Bhalekar and ors. ...Respondents Mr S.K. Talsania i/b Ms Poorvi Kothari for Appellants. Mr Mihir Desai with Mr Viayak Shete i/b Mr Bhavesh Parmar for Respondets. CORAM CORAM CORAM : D.K. DESHMUKH AND A.A. SAYED JJ. : D.K. DESHMUKH AND A.A. SAYED JJ. : D.K. DESHMUKH AND A.A. SAYED JJ. DATE DATE DATE : 5TH JANUARY 2009 5TH JANUARY 2009 5TH JANUARY 2009 =2= P.C.- 1. Both these appeals challenge the same order passed by the learned Single Judge in writ petition No.728 of 1998 dated 11th September 2002. By that order, the learned Single Judge has set aside the award passed by the Industrial Court dismissing the reference and partly allowed the petition. The learned Single Judge has held that the workmen are entitled to reinstatement in service with 50 % backwages and continuity in service. The employer challenged that order. The employees have filed cross-objection / appeal challenging the order of the learned Single Judge withholding 50 % backwages. It is common ground that during the pendency of the appeal, reinstatement order passed by the learned Single Judge has remained stayed, 50 % backwages i.e. Rs.25,79,349/- were deposited in Court by the employer. It is also common ground that the amount has been permitted to be withdrawn by the workmen by furnishing bank guarantee. The learned counsel for both the sides submit that now there is a settlement reached between the parties as a result of which the order of the learned Single Judge is to be set aside, workmen be permitted to retain the amount that has been withdrawn by them. Accordingly, the bank =3= guarantee furnished by the workmen shall stand cancelled. Both the proceedings are disposed off. It is agreed that the amount that has been withdrawn by the workmen is accepted by them as full and final settlement of the claim. . Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of the Court. . Certified copy is expedited. ( D.K. DESHMUKH J.) ( A.A. SAYED J.)